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

Filing 120

ORDER granting ECF No. 119 Stipulation. The deadline to file dismissal documents is extended by thirty (30) additional days. Signed by Chief Judge Miranda M. Du on 10/20/2020. (Copies have been distributed pursuant to the NEF - AB)

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
NICHOLAS E. BELAY, ESQ.
Nevada Bar No. 15175
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Bank of America, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BANK OF AMERICA, N.A.,

AKERMAN LLP

1635 VILAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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

Plaintiff,

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vs.

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STIPULATION AND ORDER TO EXTEND
DISMISSAL DEADLINE

THE SIENA HOMEOWNER'S ASSOCIATION;
THUNDER
PROPERTIES,
INC.;
and
HAMPTON & HAMPTON COLLECTIONS,
LLC,

(SECOND REQUEST)

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Defendants.

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Bank of America, N.A. (BANA), Thunder Properties, Inc., and The Siena Homeowner's

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Association (the HOA) (collectively "the parties"), submit the following stipulation to extend the

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deadline to file dismissal documents:

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1.

BANA, Thunder, the HOA, and Hampton & Hampton Collections, LLC reached a

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settlement in principle to resolve this action, as indicated by the parties' joint status report on August

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22, 2019. (ECF No. 110.) In order to finalize the proposed settlement, the parties needed to reach an

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agreement on a few remaining issues—most notably the distribution of surplus funds from the

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HOA's foreclosure sale being held by Hampton & Hampton Collections, LLC.

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2.

To allow additional time to resolve these remaining issues, the parties requested the

court deny the pending summary judgment motion as moot, administratively close the case, and

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retain jurisdiction. (ECF No. 110.) The parties stated their intention to file a stipulation to dismiss

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the litigation with prejudice once the parties had effectuated the proposed settlement agreement. (Id.)

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3.

Following the administrative closure, the parties continued to work towards finalizing

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the settlement; however, despite the undersigned parties' best efforts, the parties were unable to reach

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an agreement as to the distribution of the surplus funds with Hampton.

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4.

As a result, the undersigned parties had to recently restructure the proposed

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settlement agreement, which impacted the parties' ability to file dismissal documents by the court's

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original deadline.

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5.

On September 18, 2020, the parties filed a status report and stipulation with the court.

AKERMAN LLP

The parties updated the court on the current status of settlement and requested additional time to

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1635 VILAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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submit dismissal documents.

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6.

Since the prior stipulation, the parties have continued to make significant progress

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towards resolving this action. The parties have fully executed the restructured settlement agreement

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and completed the majority of condition precedents to dismissal. Nonetheless, despite the parties'

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best efforts, one condition precedent remains.

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7.

The parties expect this matter to be resolved in the near term and respectfully request

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the court extend the deadline to file dismissal documents by thirty (30) additional days. The parties

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intend to file dismissal documents as soon as possible.

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8.

This is the parties' second request for an extension of this deadline and is not intended

to cause any delay or prejudice to any party.
DATED October 19, 2020.
AKERMAN LLP

ROGER P. CROTEAU & ASSOCIATES, LTD.

/s/ Nicholas E. Belay
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
NICHOLAS E. BELAY, ESQ.
Nevada Bar No. 15175
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/s/ Timothy E. Rhoda
ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
9120 West Post Rd., Ste. 100
Las Vegas, Nevada 89148
Attorney for Thunder Properties, Inc.

AKERMAN LLP

Attorneys for Plaintiff Bank of America, N.A.

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1635 VILAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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LIPSON NEILSON P.C.

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/s/ Amber M. Williams
J. WILLIAM EBERT, ESQ.
Nevada Bar No. 2697
AMBER M. WILLIAMS, ESQ.
Nevada Bar No. 12301
9900 Covington Cross Dr., Ste. 120
Las Vegas, NV 89144
Attorneys for The Siena Homeowner's
Association

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ORDER
IT IS SO ORDERED.

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__________________________________
UNITED STATES DISTRICT JUDGE
Case No. 3:16-cv-00188-MMD-CLB

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10/20/2020
DATED: __________________________

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