Bank of America, N.A. v. The Siena Homeowner's Association et al

Filing 103

ORDER granting ECF No. 102 Joint Motion to Stay Case. Signed by Judge Miranda M. Du on 3/11/2019. (Copies have been distributed pursuant to the NEF - LH)

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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 Defendant
THUNDER PROPERTIES, INC.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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BANK OF AMERICA, N.A.,

)
)
Plaintiff, )
)
vs.
)
)
THE SIENA HOMEOWNER’S
)
ASSOCIATION; THUNDER PROPERTIES, )
INC.; and HAMPTON & HAMPTON
)
COLLECTIONS, LLC,
)
)
Defendants. )
)

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Case No. 3:16-cv-00188-MMD-CBC

JOINT MOTION TO STAY BRIEFING OF SECOND MOTION FOR
SUMMARY JUDGMENT PENDING ANTICIPATED SETTLEMENT

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COMES NOW, Defendant, THUNDER PROPERTIES, INC. and Plaintiff, BANK OF
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AMERICA, N.A., by and through their undersigned counsel, and hereby jointly move to stay
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briefing of Plaintiff’s Second Motion for Summary Judgment [ECF #85], as well as all other
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applicable deadlines, for a period of approximately 60 days, stating as follows:
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1.

On November 19, 2018, Plaintiff filed a Second Motion for Partial Summary

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Judgment herein [ECF #85]. Defendant’s Response to said Motion was originally
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due on December 17, 2018.
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2.

Pursuant to a Stipulation and order to Extend Time to Respond to Second Motion

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for Summary Judgment (Fourth Request) filed on February 15, 2019 [ECF #100],
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and approved on February 19, 2019 [ECF #101], Thunder Properties, Inc.’s

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Response to said Motion is presently due on March 8, 2019.
3.

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Since the filing of the Second Motion for Partial Summary Judgment, the parties

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have been engaged in settlement negotiations. Pursuant to these negotiations, the

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parties have agreed upon an amicable resolution of all claims at issue in this

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action. The terms of the settlement will ultimately be confidential, however, the

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agreement entails each of the Defendants paying a sum of money to the Plaintiff

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in exchange for a formal release and reconveyance of the deed of trust recorded

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against the real property at issue herein and a corresponding mutual release of
claims between the parties.

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4.

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Although all of the essential terms of the proposed settlement have been agreed

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upon by the parties, certain rather unique logistical issues exist with regard to the

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manner in which the surplus funds related to the homeowners association lien

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foreclosure sale at issue are to be distributed, including the terms of an

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indemnification agreement between the parties.
5.

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The parties desire to avoid unnecessarily expending additional resources on

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continued litigation given the agreed upon settlement. The parties do not believe

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that the issue of the surplus funds will render the settlement infeasible, however,

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additional time is required in order to resolve this issue.
6.

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Based upon the foregoing, the parties respectfully request that the briefing of

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Plaintiff’s Second Motion for Summary Judgment, as well as all other related

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deadlines, be stayed for a period of approximately 60 days, until May 8, 2019.
7.

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The parties expect to finalize the settlement and cause this matter action to be

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dismissed in its entirety within said time period. In the event that this becomes

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impossible for some reason, the parties will so advise the Court by filing a status

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report or other appropriate document on or before May 8, 2019.

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//

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//
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8.

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

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Dated this

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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 Defendant
Thunder Properties, Inc.

/s/ Jamie K. Combs
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
[phone]
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.

8th

day of March, 2019.

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IT IS SO ORDERED.

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By:
Judge, U.S. District Court

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Dated: March 11, 2019

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CERTIFICATE OF SERVICE
8th

I HEREBY CERTIFY that on this

day of March, 2019, I served via the

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

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TO STAY BRIEFING OF SECOND MOTION FOR SUMMARY JUDGMENT PENDING

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ANTICIPATED SETTLEMENT to the following parties:

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Melanie D Morgan
Akerman LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
[phone]
[phone] (fax)
[e-mail]
Attorney for Plaintiff
Bank of America, N.A.

Christopher V. Yergensen
Nevada Association Services, Inc.
6224 West Desert Inn Road
Las Vegas, NV 89146
702-804-8885
702-804-8887 (fax)
[e-mail]
Attorneys for Defendant
Hampton & Hampton Collections, LLC

Jamie K. Combs
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.

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]
Attorneys for Defendant
The Siena Homeowners Association

William Shane Habdas
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.
Brandon E. Wood
The Clarkson Law Group, P.C.
2300 West Sahara Avenue, Suite 950
Las Vegas, NV 89102
702-462-5700
702-446-6234 (fax)
[e-mail]
Attorneys for Defendant
Hampton & Hampton Collections,
LLC

Kaleb D. Anderson
Lipson Neilson Cole Seltzer & Garin
9900 Covington Cross Dr.
Suite 120
Las Vegas, NV 89144
[phone]
[phone] (fax)
[e-mail]
Attorneys for Defendant
The Siena Homeowners Association
Amber M. Williams
Lipson Neilson Cole Seltzer & Garin
9900 Covington Cross Dr., Ste. 120
Las Vegas, NV 89144
702-382-1500
702-382-1512 (fax)
[e-mail]
Attorneys for Defendant
The Siena Homeowner's Association

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