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Federal National Mortgage Association v. Warm Springs Reserve Owners Association

United States District Court, D. Nevada

January 9, 2017

FEDERAL NATIONAL MORTGAGE ASSOCIATION; Plaintiff,
v.
WARM SPRINGS RESERVE OWNERS ASSOCIATION; FERRELL STREET TRUST; ALESSI & KOENIG, LLC; Defendants.

          AKERMAN LLP Vatana Lay ARIEL E. STERN, ESQ. Nevada Bar No. 8276 VATANA LAY, ESQ. Nevada Bar No. 12993 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 Attorneys for Plaintiff Federal National Mortgage Association

          LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C. J. William Ebert J. WILLIAM EBERT, ESQ. Nevada Bar No. 2697 JULIE A. FUNAI, ESQ. Nevada Bar No. 8725 9900 Covington Cross Drive, Suite 120 Las Vegas, Nevada 89144 Attorney for Defendant Warm Springs Reserve Owners Association

          STIPULATION AND ORDER TO STAY ALL LITIGATION DEADLINES FOR 90 DAYS (First Request)

         Pursuant to Local Rule 6-2(a), plaintiff Federal National Mortgage Association (Fannie Mae) and defendant Warm Spring Reserve Owners Association (Warm Springs) stipulate to extend and stay the current litigation deadlines. As grounds therefore, the parties state as follows:

         On December 29, 2016, Warm Springs moved to dismiss Fannie Mae's complaint on the grounds the complaint failed to state a claim. (ECF No. 8.) Fannie Mae's deadline to file a responsive pleading is January 12, 2017.

         On December 13, 20106, defendant Alessi & Koenig, LLC (Alessi) filed a petition for Chapter 7 Bankruptcy in the United States Bankruptcy Court, District of Nevada. See Bankruptcy Petition No. 16-16593-abl.

         The parties are working with the trustee of Alessi's bankruptcy case to determine how to proceed on cases involving Alessi, including the instant case.

         The parties stipulate to stay all litigation deadlines, including Fannie Mae's responsive deadline to Warm Springs' motion to dismiss, for 90 days to allow for the bankruptcy trustee to provide direction on the prosecution of this case. Good cause exists to extend the litigation deadlines, including Fannie Mae's deadline to respond to Warm Springs' motion to dismiss.

         Accordingly, the parties stipulate and request the court stay the outstanding litigation deadlines for 90 days, including extending Fannie Mae's deadline to respond to Warm Springs' motion to dismiss to April 18, 2017.

         ORDER

         IT IS SO ORDERED.


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