Deutsche Bank National Trust Company,v. Thunder Properties, Inc., a Nevada Corporation

Filing 58

ORDER granting ECF No. 57 Stipulation to stay case pending settlement. Signed by Judge Miranda M. Du on 9/10/2018. (Copies have been distributed pursuant to the NEF - PAV)

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Ave., Ste. 200
Las Vegas, Nevada 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff, Deutsche Bank National Trust Company, formerly known as Bankers
Trust Company of California, N.A., as Trustee for American Home Mortgage Assets Trust 20061
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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DEUTSCHE BANK NATIONAL TRUST
COMPANY, FORMERLY KNOWN AS
BANKERS TRUST COMPANY OF
CALIFORNIA, N.A., AS TRUSTEE FOR
AMERICAN HOME MORTGAGE ASSETS
TRUST 2006-1,

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STIPULATION AND ORDER TO STAY
CASE PENDING SETTLEMENT

Plaintiff,
vs.

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Case No.: 3:16-cv-00381-MMD-WGC

THUNDER PROPERTIES INC.; KERN &
ASSOCIATES, LTD.; DOE INDIVIDUALS I
through X, inclusive; and ROE
CORPORATIONS XI through XX, inclusive,
Defendants.

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Plaintiff, Deutsche Bank National Trust Company, formerly known as Bankers Trust

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Company of California, N.A., as Trustee for American Home Mortgage Assets Trust 2006-1

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(“Deutsche Bank”) and Defendant, Thunder Properties, Inc. (“Defendant” or “Thunder
Properties”), by and through their respective counsel of record, stipulate and agree to stay all
proceedings in this case pending settlement of this matter.

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1.

Deutsche Bank filed its Complaint on June 27, 2016, naming Defendant [ECF No.

2.

Deutsche Bank filed its Amended Complaint on September 27, 2017, naming

1].
Thunder Properties, Edgewater Homeowners Association (“Edgewater” or “HOA”) and Kern &
Associates, Ltd. (“Kern”) [ECF No. 16].

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3.

Defendant, Kern was dismissed pursuant to an Order approving Stipulation

entered on November 18, 2017 [ECF No. 32].
4.

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Defendant, HOA was dismissed pursuant to a Minute Order Granting Motion to

Dismiss entered on April 4, 2018 [ECF No. 52].
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5.

Discovery is proceeding pursuant to the schedule set forth under a Minute Order

entered on April 4, 2018 [ECF No. 53].

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6.

The undersigned attorneys, together with counsel for the HOA, have agreed upon

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a global resolution of this matter. They anticipate that it will take between approximately 30

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and 60 days to prepare, review and execute appropriate settlement documents.
7.

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The parties, thus, stipulate to stay this case including discovery and dispositive

motion deadlines pending the execution of settlement documents and the dismissal of this
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action.
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The Parties agree that a stay of this case will not result in damages, prejudice, or

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hardship to any party and is likely to save the Court and Parties significant resources, including

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fees, costs, and time which would surely be expended if litigation were required to continue.

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9.

Therefore, the Parties jointly request that this action be stayed subject to the terms

of this Stipulation.
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IT IS SO STIPULATED.

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WRIGHT, FINLAY & ZAK, LLP

ROGER P. CROTEAU & ASSOCIATES,
LTD.

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By: /s/_Yanxiong Li, Esq.____________
YANXIONG LI, ESQ.
Nevada Bar No. 12807
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorneys for Plaintiff

By: /s/ Timothy E. Rhoda, Esq.___________
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, NV 89148
Attorneys for Thunder Properties, Inc.

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ORDER
IT IS SO ORDERED.

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_______________________________________
UNITED STATES DISTRICT COURT JUDGE
Dated: September 10, 2018

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