United States District Court, D. Nevada
January 9, 2017
WILMINGTON TRUST COMPANY, AS TRUSTEE FOR THE BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-1, Plaintiff,
SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; CLUB AT MADEIRA CANYON UNIT OWNERS' ASSOCIATION; DOES I through X, inclusive; and ROW CORPORATIONS I through X, inclusive, Defendants. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter-Claimant,
WILMINGTON TRUST COMPANY, AS TRUSTEE FOR THE BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-1; NATIONSTAR MORTGAGE, LLC, a Delaware limited liability company; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation, as nominee beneficiary for PULTE MORTGAGE, LLC; HAMLET McNEACE, an individual; and SHAWN McNEACE, an individual, Counter-Defendant/Cross-Defendants.
GILBERT EBRON Jacqueline A. Gilbert Diana Cline Ebron, Esq.
Nevada Bar No. 10580 Jacqueline A. Gilbert, Esq. Nevada Bar
No. 10593 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada
89139 Attorneys for SFR Investments Pool 1, LLC
WRIGHT, FINLAY & ZAK, LLP Rock K. Jung Edgar C. Smith,
Esq. Nevada Bar No. 5506 Rock K. Jung, Esq. Nevada Bar No.
10906 7785 W. Sahara Ave., Suite 200 Las Vegas, Nevada 89117
Attorneys for Wilmington Trust Company, as Trustee for the
Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates,
Series 2007-1, Nationstar Mortgage LLC and Mortgage
Electronic Registration Systems, Inc.
STIPULATION AND ORDER TO STAY DISPOSITIVE MOTIONS
DEADLINE (First Request)
Plaintiff/Counter-Defendant, WILMINGTON TRUST COMPANY, AS
TRUSTEE FOR THE BEAR STEARNS ALT-A TRUST, MORTGAGE
PASS-THROUGH CERTIFICATES SERIES 2007-1 (the
“Bank”) filed a Motion to Amend Complaint and
Caption on September 12, 2016 [ECF No. 35]; and
an Order regarding Plaintiff's Motion to Amend Complaint
and Caption [ECF No. 35] has not yet been entered;
IS HEREBY STIPULATED between the Bank,
Counter-Defendant NATIONSTAR MORTGAGE, LLC
(“Nationstar”), Counter-Defendant MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”)
and Defendant/Counterclaimant SFR INVESTMENTS POOL 1, LLC
(“SFR”) (collectively “the Parties”),
by and through their undersigned counsel, to extend and stay
the dispositive motions deadline in this matter. As grounds
therefore, the parties state as follows:
Discovery in this case closed on December 12, 2016. [ECF No.
34], 3:5-7. The dispositive motions deadline is currently
January 9, 2017. Id., at 3:27-28.
Bank filed a Motion to Amend Complaint and Caption on
September 12, 2016 (“Bank Mot.) [ECF No. 35]. No
opposition has been filed and the Bank filed a Notice of
Non-Opposition to Plaintiff's Motion to Amend Complaint
and Caption on October 27, 2016 [ECF No. 37].
Bank Mot. seeks to add Nevada Association Services, Inc.
(“NAS”) as a party and the proposed
Plaintiff's First Amended Complaint (“Amended
Complaint”) modifies the Causes of Action against the
existing parties. [ECF No. 35-1.]
Because the Court has not yet entered an Order regarding the
Bank Mot. and, if granted, the proposed Amended Complaint,
which will impact the briefing on the parties respective
dispositive motions, will not be filed until after the
current January 9, 2017 dispositive motion deadline, good
cause exists to extend the dispositive motions deadline.
Additionally pending before this Court is SFR's motion to
certify the question of law regarding the statutory
interpretation of NRS 116.31168 to the Nevada Supreme Court.
[ECF No. 38.] If this Court grants the motion to certify and
the Nevada Supreme Court accepts the question, then the legal
analysis for the arguments in the dispositive motion may be
is the parties' first request for an extension and is not
intended to cause any delay or prejudice to any party.
Accordingly, the parties stipulate and respectfully request
the court stay the dispositive motions deadline to allow
sufficient time for the court to rule on the pending Bank
Mot. and Motion to Certify. Once the Court rules on the
pending motions, within 14 days the parties will file a Joint
Status Report with a new proposed plan with (1) new discovery
dates based on the addition of a new party dates; (2) new
dates for the dispositive motions deadline; and/or (3)
proposed stay pending resolution of the certified question.,
if necessary, new discovery dates based on the addition of a
new party, or a request for stay pending a decision by the
Nevada Supreme Court.
Notwithstanding the foregoing, the stay shall not affect the
right of any party to file dispositive motions solely on the
legal effect of Bourne Valley Court Trust v. Wells Fargo
Bank, N.A., 832 F.3d 1154 (9th Cir. 2016).