Garner et al v. Ditech Financial LLC et al

Filing 22

ORDER approving ECF No. 21 Stipulation to Stay Proceedings. Signed by Chief Judge Miranda M. Du on 6/2/2021. (Copies have been distributed pursuant to the NEF - KR)

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ARIEL STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for U.S. Bank National Association, not in
its individual capacity but solely as Trustee of NRZ
Recovery Trust and Ditech Financial, LLC

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UNITED STATES DISTRICT COURT

AKERMAN LLP

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

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DISTRICT OF NEVADA
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CHARLES S. GARNER, and CATHY J.
GARNER, husband and wife,
Plaintiff,

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Case No. 3:20-cv-00704-MMD-WGC
STIPULATION AND ORDER TO STAY
PROCEEDINGS

vs.
(FIRST REQUEST)
DITECH FINANCIAL, LLC, a Delaware
Limited Liability Company, BENEFICIAL
MORTGAGE CO. OF NEVADA; U.S. BANK
NATIONAL ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY AS
TRUSTEE OF NRZ RECOVERY TRUST; and
all persons unknown, claiming any legal or
equitable right, title, estate, lien, or interest in the
property described in the complaint adverse to
plaintiffs' title, or any cloud on plaintiffs' title
hereto, named as DOES 1 through 50, inclusive,
Defendants.

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Charles S. Garner and Cathy J. Garner (the Garners) and defendant U.S. Bank National

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Association, not in its individual capacity but solely as Trustee of NRZ Recovery Trus stipulate to

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stay the current litigation. The parties are in the process of evaluating whether settlement of the

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claims in this litigation is possible.

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...

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...

{56510618}

Charles S. Garner v. Ditech Financial, LLC et al.,
3:20-cv-00704-MMD-WGC

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The current settlement offer requires the Garners to place the subject property for sale, with a

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close of escrow date by July 30, 2021. Given the possibility of settlement in this case, including the

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proposed close of escrow date by July 30, 2021, the parties request a brief stay of the proceedings to

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allow the parties to continue to explore settlement without incurring additional fees and costs for

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continued litigation.

The parties anticipate either: 1) filing a stipulation and order for dismissal at the conclusion of the

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stay; or 2) preparing a joint status report to reset the discovery/dispositive motion deadlines if the

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AKERMAN LLP

Accordingly, the parties stipulate to stay further proceedings in the case until August 2, 2021.

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

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parties cannot settle the case by August 2, 2021.

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DATED this 2nd day of June, 2021.
AKERMAN LLP

THE LAW OFFICE OF CAROLE M. POPE

/s/ Natalie L. Winslow
ARIEL STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Carole M. Pope
CAROLE M. POPE, ESQ.
Nevada Bar No. 3779
301 Flint St.
Reno, NV 89501
Attorneys for Charles S. Garner and Cathy J.
Garner

Attorneys for U.S. Bank National Association,
not in its individual capacity but solely as
Trustee of NRZ Recovery Trust and Ditech
Financial, LLC

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ORDER

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IT IS SO ORDERED:

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_________________________________________
UNITED STATES DISTRICT COURT JUDGE
Case No. 3:20-cv-00704-MMD-WGC

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6/2/2021
DATED: _________________________________

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{56510618}

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