Bank Of New York Mellon v. Highland Ranch Homeowners Association et al

Filing 122

ORDER granting ECF No. 119 Stipulation : Proposed Joint Pretrial Order due by 9/8/2020. Signed by Magistrate Judge William G. Cobb on 8/17/2020. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:16-cv-00436-RCJ-WGC Document 122 Filed 08/17/20 Page 1 of 2

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AKERMAN LLP

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

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
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]
Email: [e-mail]
Attorneys for The Bank of New York Mellon
fka The Bank of New York as Trustee for the
Certificateholders CWALT, Inc., Alternative
Loan Trust 2005-3CB Mortgage Pass-Through
Certificates, Series 2005-3CB

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS CWALT,
INC., ALTERNATIVE LOAN TRUST 20053CB
MORTGAGE
PASS-THROUGH
CERTIFICATES, SERIES 2005-3CB,

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STIPULATION
AND
ORDER
TO
EXTEND DEADLINE TO FILE JOINT
PRETRIAL ORDER

Plaintiff,

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Case No. 3:16-cv-00436-RCJ-WGC

(FIRST REQUEST)
v.
HIGHLAND
RANCH
HOMEOWNERS
ASSOCIATION; KERN & ASSOCIATES,
LTD;
TBR
I,
LLC;
AIRMOTIVE
INVESTMENTS LLC; DOE INDIVIDUALS IX, inclusive, and ROE CORPORATIONS I-X,
inclusive,

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Defendants.

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The Bank of New York Mellon fka The Bank of New York as Trustee for the
Certificateholders CWALT, Inc., Alternative Loan Trust 2005-3CB Mortgage Pass-Through
Certificates, Series 2005-3CB (BoNYM) and Highland Ranch Homeowners Association (Highland

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54131424;1

Case 3:16-cv-00436-RCJ-WGC Document 122 Filed 08/17/20 Page 2 of 2

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Ranch), by and through their respective counsel, hereby stipulate and agree to extend the deadline to

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file a joint pretrial order by thirty (30) days, to September 8, 2020.

summary judgment on July 8, 2020, finding BoNYM's claim for deceptive trade practices against

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Highland Ranch survived summary judgment and remained pending for trial. (ECF No. 116). Based

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on this order, the deadline to file a joint pretrial order is currently August 7, 2020. The parties are

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working on a draft joint pretrial order but require additional time to fully and accurately complete

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their respective portions. Further, the parties are currently engaged in settlement negotiations, which

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if successful would resolve the remaining claim for trial. The parties therefore request additional

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AKERMAN LLP

The Court entered an order granting in part and denying in part Highland Ranch's motion for

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

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time to submit a joint pretrial order, which will allow the parties to continue working towards a

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potential resolution.

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This is the parties' first request to extend the joint pretrial order deadline. This request is not
made to cause delay or prejudice to any party.
DATED this 6th day of August, 2020
AKERMAN LLP

LAXALT & NOMURA, LTD.

/s/ Nicholas E. Belay
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
NICHOLAS E. BELAY, ESQ.
Nevada Bar No. 15175
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/s/ Ryan W. Leary
HOLLY S. PARKER, ESQ.
Nevada Bar No. 10181
RYAN W. LEARY, ESQ.
Nevada Bar No. 11630
9790 Gateway Drive, Suite 200
Reno, NV 89511

Attorneys for The Bank of New York Mellon
fka The Bank of New York as Trustee for the
Certificateholders CWALT, Inc., Alternative
Loan Trust 2005-3CB Mortgage Pass-Through
Certificates, Series 2005-3CB

Attorneys for Highland Ranch Homeowners
Association

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COURT APPROVAL

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IT IS SO ORDERED.

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Dated: August 17, 2020.
___________________________________
UNITED STATES MAGISTRATE JUDGE
Case No. 3:16-cv-00436-RCJ-WGC

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