HSBC Bank USA, National Association as Trustee for Nomura Asset Acceptance Corporation, Mortgage Pass-Through Certificates, Series 2005-AP2 v. Thunder Properties Inc. et al

Filing 46

ORDER granting ECF No. 45 Stipulation to Stay Proceedings Pending Settlement; Oral Argument set for 4/16/18 is VACATED. Signed by Judge Robert C. Jones on 4/3/2018. (Copies have been distributed pursuant to the NEF - LH)

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John S. Delikanakis, Esq. (NV Bar No. 5928)
Nathan G. Kanute, Esq. (NV Bar No. 12413)
SNELL & WILMER L.L.P.
50 West Liberty Street, Suite 510
Reno, Nevada 89501-1961
Telephone: [phone]
Facsimile: 775-785-5441
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff, HSBC Bank USA, National
Association as Trustee for Nomura Asset Acceptance
Corporation, Mortgage Pass-Through Certificates,
Series 2005-AP2

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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HSBC BANK USA, NATIONAL
ASSOCIATION as Trustee for Nomura Asset
Acceptance Corporation, Mortgage PassThrough Certificates, Series 2005-AP2,

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Plaintiff,
vs.
THUNDER PROPERTIES INC., a Nevada
corporation; EAGLE CANYON
ASSOCIATION, a Nevada non-profit
corporation; RED ROCK FINANCIAL
SERVICES, LLC, a Delaware limited-liability
company,

Case No. 3:16-cv-00467-RCJ-WGC

STIPULATION AND ORDER TO STAY
PROCEEDINGS PENDING
SETTLEMENT
(FIRST REQUEST)

Defendants.

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Plaintiff HSBC Bank USA, National Association as Trustee for Nomura Asset

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Acceptance Corporation, Mortgage Pass-Through Certificates, Series 2005-AP2 (“HSBC”),

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Thunder Properties Inc. (“Thunder Properties”), and Eagle Canyon Association (the “HOA”, and

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jointly with HSBC and Thunder Properties, the “Parties”), by and through their respective

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undersigned counsel, hereby stipulate and agree to stay the instant proceedings in their entirety

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pending settlement, including HSBC’s motion for summary judgment (the “MSJ” ECF No. 31).

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In support of their request for a stay of proceedings, the Parties state as follows:

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The MSJ was filed on December 15, 2017. The HOA filed its opposition on January 12,
4847-7453-0911

stipulation and order (ECF No. 43), HSBC’s reply would be due March 21, 2018. However, since

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that time, the Parties have agreed to settlement terms and are working on documenting a

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settlement agreement. All essential terms have been agreed upon by the parties. A hearing for oral

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argument on the MSJ has been set for Monday, April 16, 2018 at 10:00AM (ECF No. 44). Given

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that the Parties have effectively settled the matter in its entirety, the Parties agree to stay any

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further proceedings in this matter, including vacating the April 16, 2018 hearing related to the

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MSJ. When settlement is finalized, the Parties will file a stipulated dismissal. If settlement terms

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are not finalized within 60 days of this stipulation, the Parties will submit a status report to the

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Court providing a further update regarding the status of the settlement. Based on the foregoing,

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the Parties respectfully request that the Court grant this stipulation, stay these proceedings and

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Snell & Wilmer

2018 (ECF No. 35) and Thunder Properties filed its opposition on January 31, 2018. By

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L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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vacate the April 16, 2018 hearing.

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Dated: March 21, 2018

Dated: March 21, 2018

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SNELL & WILMER L.L.P.

LIPSON, NEILSON, COLE, SELTZER &
GARIN, P.C.

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By: /s/Nathan G. Kanute
John S. Delikanakis (NV Bar No. 5928)
Nathan G. Kanute (NV Bar No. 12413)
50 West Liberty Street, Suite 510
Reno, Nevada 89501-1961
Attorneys for Plaintiff

By: /s/ Megan H. Hummel (with permission)
Kaleb D. Anderson (NV Bar No. 7582)
Megan H. Hummel (NV Bar No. 12404)
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144
Attorneys for Eagle Canyon Association

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Dated: March 21, 2018
ROGER P. CROTEAU & ASSOCIATES, LTD.
By: /s/ Timothy E. Rhoda (with permission)
Roger P. Croteau (NV Bar No. 4958)
Timothy E. Rhoda (NV Bar No. 7878)
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
Attorney for Thunder Properties Inc.
IT IS ORDERED.

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DATED: April 3, 2018.

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UNITED STATES DISTRICT COURT JUDGE

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IT IS HEREBY ORDERED that Oral Argument-currently set for April 16, 2018 is VACATED.
4847-7453-0911