Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, v. Southwest Meadows Homeowners Association et al

Filing 92

ORDER granting ECF No. 91 Joint Motion to Extend Time. Notice of Appeal is due by 6/3/2019. Signed by Judge Miranda M. Du on 4/22/2019. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4
5
6
7

ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
ROGER P. CROTEAU & ASSOCIATES, LTD.
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
[phone] (facsimile)
[e-mail]
Attorney for Defendants
THUNDER PROPERTIES, INC.
AND LVDG, LLC [SERIES 1101]

8
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11

***

12
13
14
15
16
17
18
19

BANK OF AMERICA, N.A., SUCCESSOR
BY MERGER TO BAC HOME LOANS
SERVICING, LP, F/K/A COUNTRYWIDE
HOME LOANS SERVICING LP,

)
)
)
)
)
Plaintiff, )
)
vs.
)
)
SOUTHWEST MEADOWS; LVDG LLC
)
A/K/A LVDG LLC SERIES 1101; THUNDER )
PROPERTIES, INC.; ALESSI & KOENIG,
)
LLC,
)
)
Defendants. )
)

Case No. 3:16-cv-00183-MMD-CBC

20
JOINT MOTION TO EXTEND TIME TO FILE NOTICE OF APPEAL
21
COMES NOW, Defendants, THUNDER PROPERTIES, INC. (“Thunder”) and LVDG,
22
LLC [SERIES 1101] (“LVDG”), and Plaintiff, BANK OF AMERICA, N.A., SUCCESSOR BY
23
MERGER TO BAC HOME LOANS SERVICING, LP, F/K/A COUNTRYWIDE HOME
24
LOANS SERVICING LP (“BANA”), by and through their undersigned counsel, and hereby
25
jointly move this Court to extend the time to file a Notice of Appeal in this matter, stating as
26
follows:
27
1.

On March 25, 2019, after a hearing of the same date, this Court entered a Minute

28
Page 1 of 4

1737 Olive Branch

1

Order granting Plaintiff’s Renewed Motion for Partial Summary Judgment. [ECF

2

#87].

3

2.

On the same date, a Judgment was entered. [ECF #88].

4

3.

On April 2, 2019, BANA filed a Notice of Voluntary Dismissal Without Prejudice
related to its claims against Defendant, Alessi & Koenig, LLC.

5
6

4.

The Notice of Voluntary Dismissal dated April 2, 2019, served to adjudicate the

7

remainder of the outstanding claims in this case and rendered this Court’s

8

judgment final.

9

5.

Since the entry of the final judgment, Thunder, LVDG and BANA have been

10

attempting to negotiate the terms of an amicable settlement of all claims at issue

11

between them in this matter. The Defendants have presented an offer which is

12

presently being considered by BANA.

13

6.

The current deadline to file a Notice of Appeal is May 2, 2019.

14

7.

The parties desire to further discuss an amicable resolution before incurring the
costs associated with an appeal.

15
16

8.

(5) Motion for Extension of Time.
(A) The district court may extend the time to file a notice of appeal
if:
(i) a party so moves no later than 30 days after the time prescribed
by this Rule 4(a) expires; and
(ii) regardless of whether its motion is filed before or during the 30
days after the time prescribed by this Rule 4(a) expires, that party
shows excusable neglect or good cause.
(B) A motion filed before the expiration of the time prescribed in
Rule 4(a)(1) or (3) may be ex parte unless the court requires
otherwise. If the motion is filed after the expiration of the
prescribed time, notice must be given to the other parties in
accordance with local rules.
(C) No extension under this Rule 4(a)(5) may exceed 30 days after
the prescribed time or 14 days after the date when the order
granting the motion is entered, whichever is later.

17
18
19
20
21
22
23
24
25
26
27

Fed. R. App. P. 4 provides in pertinent part as follows:

9.

Pursuant to Fed. R. App. P. 4, Thunder, LVDG and BANA respectfully request
that this Court enter an Order extending the deadline to file a Notice of Appeal
herein until (a) June 3, 2019 (because June 1, 2019 falls on a Saturday); or (b) 14

28
Page 2 of 4

1737 Olive Branch

days after an Order granting this Motion is entered, whichever is later.

1
2

10.

This Motion is made in good faith and not for purpose of delay.

3

Dated this

4

ROGER P. CROTEAU &
ASSOCIATES, LTD.

AKERMAN, LLP

/s/ Timothy E. Rhoda
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
[e-mail]
Attorney for Defendants
Thunder Properties, Inc.
And LVDG, LLC [Series 1101]

/s/ William S. Habdas
WILLIAM S. HABDAS, ESQ.
Nevada Bar No. 13138
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
702-634-5007
702-380-8572 (fax)
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.

22nd

day of April, 2019.

5
6
7
8
9
10
11
12
13
14

IT IS SO ORDERED.

15
16
17
18

By:
Judge, U.S. District Court
Dated: April 22, 2019

19
20
21
22
23
24
25
26
27
28
Page 3 of 4

1737 Olive Branch

Case 3:16-cv-00183-MMD-CBC Document 91 Filed 04/22/19 Page 4 of 4

1
2

CERTIFICATE OF SERVICE
22nd

I HEREBY CERTIFY that on this

day of April, 2019, I served via the

3

United States District Court CM/ECF electronic filing system, the foregoing JOINT MOTION

4

TO EXTEND TIME TO FILE NOTICE OF APPEAL to the following parties:

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

Ariel E. Stern
Akerman LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
702-634-5000
702-380-8572 (fax)
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.

Kaleb D. Anderson
Lipson Neilson Cole Seltzer & Garin
9900 Covington Cross Dr. Suite 120
Las Vegas, NV 89144
[phone]
[phone] (fax)
[e-mail]
Attorney for Defendant
Southwest Meadows

Jason Joseph Zummo
Akerman LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
702-634-5007
702-380-8572 (fax)
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.

Joseph P Garin
Lipson Neilson Cole Seltzer & Garin, P.C.
9900 Covington Cross Drive Suite 120
Las Vegas, NV 89144
702-382-1500
702-382-1512 (fax)
[e-mail]
Attorney for Defendant
Southwest Meadows

Vatana Lay
Akerman, LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Las Vegas, NV 89144
702-634-5000
702-380-8572 (fax)
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.

Megan H Hummel
Lipson Neilson Cole Seltzer & Garin PC
9900 Covington Cross Drive Suite 120
Las Vegas, NV 89144
702-382-1500
[e-mail]
Attorney for Defendant
Southwest Meadows

Jesse A. Ransom
Akerman LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
702-634-5000 x75022
702-380-8572 (fax)
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.

Jeanette E. McPherson
Schwartzer & McPherson Law Firm
2850 South Jones Boulevard
Suite 1100
Las Vegas, NV 89146
702-228-7590
702-892-0122 (fax)
[e-mail]
Attorney for Chapter 7 Trustee
Shelly D. Krohn

25
26
27

/s/ Timothy E. Rhoda
An employee of ROGER P. CROTEAU &
ASSOCIATES, LTD.

28
Page 4 of 4

1737 Olive Branch