Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Wilmington Trust Co. v. SFR Investments Pool 1, LLC

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,
v.
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,
v.
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.

          KIM 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)

         WHEREAS 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

         WHEREAS an Order regarding Plaintiff's Motion to Amend Complaint and Caption [ECF No. 35] has not yet been entered;

         IT 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:

         1. 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.

         2. The 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].

         3. The 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.]

         4. 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.

         5. 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 significantly affected.

         6. This is the parties' first request for an extension and is not intended to cause any delay or prejudice to any party.

         7. 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.

         …

         8. 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).

         ORDER

         IT IS SO ORDERED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.