Deutsche Bank National Trust Company as Trustee for the Holders of New Century Home Equity Loan Trust, Series 2005-A, Asset Backed Pass-through Certificates v. Springland Village Condominium Association et al

Filing 42

ORDER granting ECF No. 40 Stipulation for Stay of Discovery pending resolution of ECF No. 41 Motion for Partial Summary Judgment. Signed by Magistrate Judge William G. Cobb on 11/13/2017. (Copies have been distributed pursuant to the NEF - KW)

Case 3:16-cv-00648-MMD-WGC Document 40 Filed 11/10/17 Page 1 of 3

1
2
3
4
5
6
7
8
9

MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
REX D. GARNER, ESQ.
Nevada Bar No. 9401
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff Deutsche Bank
National Trust Company as Trustee for the
Holders of New Century Home Equity Loan
Trust, Series 2005-A, Asset Backed PassThrough Certificates
UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

11
12
13
14
15

DEUTSCHE BANK NATIONAL TRUST
COMPANY AS TRUSTEE FOR THE
HOLDERS OF NEW CENTURY HOME
EQUITY LOAN TRUST, SERIES 2005-A,
ASSET
BACKED
PASS-THROUGH
CERTIFICATES,

16
17
18
19
20

23
24
25
26
27

STIPULATION AND ORDER FOR STAY
OF DISCOVERY PENDING RESOLUTION
OF PENDING MOTION FOR SUMMARY
JUDGMENT

Plaintiff,
vs.
SPRINGLAND VILLAGE CONDOMINIUM
ASSOCIATION;
PHIL
FRINK
&
ASSOCIATES, INC.; AND THUNDER
PROPERTIES INC.,
Defendants.

21
22

Case No.: 3:16-cv-00648-MMD-GWF

Plaintiff Deutsche Bank National Trust Company as Trustee for the Holders of New Century
Home Equity Loan Trust, Series 2005-A, Asset Backed Pass-Through Certificates (Deutsche Bank),
and Defendant Springland Village Condominium Association (Springland or HOA), and Defendant
Thunder Properties, Inc. (Thunder Properties), stipulate and agree as follows:
1.

Deutsche Bank intends to file a motion for summary judgment regarding the

application of the Bourne Valley decision.

28
1
43339295;1

Case 3:16-cv-00648-MMD-WGC Document 40 Filed 11/10/17 Page 2 of 3

1

2.

Deutsche Bank's summary judgment motion will raise purely legal issues concerning

Properties believes that discovery will ultimately be required, including discovery regarding the

4

notices that were provided to Deutsche Bank and/or its predecessor-in-interest. As a result, Thunder

5

Properties believes that the proposed motion for summary judgment is premature. Springland also

6

asserts that, in addition to the initial disclosures already made in this action, discovery will establish

7

that all pertinent provisions of NRS 116 were complied with in connection with the assessment lien

8

foreclosure sale of the subject property. With that said, the resolution of the proposed motion could

9

conceivably affect and provide guidance on the extent of necessary discovery, if any, on all issues.

10

If it is granted, it may result in resolution of the entire case although Thunder Properties asserts that

11

AKERMAN LLP

the application of Bourne Valley that it asserts can be resolved without discovery.

3

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

2

such a result would be erroneous as a matter of law at this stage.

12
13

3.

Thunder

Federal district courts have "wide discretion in controlling discovery." Little v. City of

Seattle, 863 F.2d 681,685 (9th Cir. 1988).

14

4.

To determine if a stay is appropriate, the court considers (1) damage from the stay; (2)

15

hardship or inequity that befalls one party more than the other; and (3) the orderly course of justice.

16

See Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066 (9th Cir. 2007)

17

(setting forth factors). Here, the factors support a stay discovery pending Deutsche Bank's dispositive

18

motion based on Bourne Valley.

19

5.

The parties believe a stay is warranted because they will be able to avoid the cost and

20

expense of written discovery and depositions on issues that may be irrelevant based on the Bourne

21

Valley decision. Moreover, the Court will be relieved of expending further time and effort considering

22

any discovery-related motions or protective orders.

23

...

24

...

25

...

26

...

27

...

28
2
43339295;1

Case 3:16-cv-00648-MMD-WGC Document 40 Filed 11/10/17 Page 3 of 3

1

6.

The parties agree there will be no significant hardship or inequity against any party, and

2

it is appropriate for this Court to exercise its power to grant a stay of discovery at this time. A trial

3

date has not yet been set and the outcome of Deutsche Bank's proposed Bourne Valley partial motion

4

for summary judgment has the potential to provide guidance on the extent of necessary discovery and

5

conceivably result in possible resolution of the entire case.

6

AKERMAN LLP

PENGILLY LAW FIRM
/s/ Elizabeth B. Lowell_
James W. Pengilly, Esq.
Elizabeth B. Lowell, Esq.
1995 Village Center Circle, Suite 190
Las Vegas, Nevada 89134

11

/s/ Rex D. Garner
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
REX D. GARNER, ESQ.
Nevada Bar No. 9401
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144

12

Attorneys for Plaintiff Deutsche Bank

7
8
9

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

10

Attorneys for Springland Village Condominium
Association

13
14
15
16
17
18
19

ROGER P. CROTEAU & ASSOCIATES, LTD.
/s/ Tim Rhoda
ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
Attorneys for Thunder Properties, Inc.

20
21

ORDER
IT IS SO ORDERED:
______________________________________
UNITED STATES MAGISTRATE JUDGE

22
23

November 13, 2017
DATED: ______________________________

24
25
26
27
28

3
43339295;1