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

Filing 126

ORDER granting ECF No. 125 Stipulation. The Proposed Joint Pretrial Order is due by September 22, 2020. Signed by Magistrate Judge William G. Cobb on 9/8/2020. (Copies have been distributed pursuant to the NEF - AB)

Case 3:16-cv-00436-RCJ-WGC Document 126 Filed 09/08/20 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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Case No. 3:16-cv-00436-RCJ-WGC

STIPULATION
AND
ORDER
TO
EXTEND DEADLINE TO FILE JOINT
PRETRIAL ORDER

Plaintiff,
(SECOND REQUEST)

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

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The Bank of New York Mellon fka The Bank of New York as Trustee for the

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Certificateholders CWALT, Inc., Alternative Loan Trust 2005-3CB Mortgage Pass-Through

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Certificates, Series 2005-3CB (BoNYM) and Highland Ranch Homeowners Association (Highland

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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 fourteen (14) days, to September 22, 2020.
54518275;1

Case 3:16-cv-00436-RCJ-WGC Document 126 Filed 09/08/20 Page 2 of 2

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

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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, and the parties' first stipulation to extend the joint pretrial order deadline, the current

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deadline to file a joint pretrial order is September 8, 2020.

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The parties continue to work on a draft joint pretrial order but require additional time to fully

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and accurately complete their respective portions. Further, the parties remain engaged in settlement

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negotiations, which if successful would resolve the remaining claim for trial. The parties therefore

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request a two-week extension to submit a joint pretrial order, which will allow the parties to continue

AKERMAN LLP

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

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working towards a potential resolution.
This is the parties' second request to extend the joint pretrial order deadline. This request is
not made to cause delay or prejudice to any party.
DATED this 4th day of September, 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/ Holly S. Parker
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

Attorneys for Highland Ranch Homeowners
Association

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COURT APPROVAL
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IT IS SO ORDERED. Dated:
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September 8, 2020.
___________________________________
UNITED STATES MAGISTRATE JUDGE
Case No. 3:16-cv-00436-RCJ-WGC

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54518275;1

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