United States District Court, D. Nevada
CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association, Plaintiff,
SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; SOUTHERN HIGHLANDS COMMUNITY ASSOCIATION, a Nevada non-profit corporation, Defendants. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counterclaimant/Cross-Claimant,
CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association; and EILAT BENARON, an individual, Counter-Defendants/Cross-Defendants.
E. Vigil, Matthew D. Lamb, Joseph P. Sakai, Ballard Spahr LLP
Attorneys for Plaintiff/Counter-Defendant
GILBERT EBRON Diana Cline Ebron Jacqueline Gilbert Karen L.
Hanks ATTORNEYS FOR SFR INVESTMENTS POOL 1, LLC
ALVERSON TAYLOR MORTENSEN & SANDERS Kurt R. Bonds, David
J. Rothenberg ATTORNEYS FOR SOUTHERN HIGHLANDS COMMUNITY
STIPULATION REGARDING MOTION TO COMPEL, DISPOSITIVE
MOTIONS, AND JOINT PRETRIAL ORDER
Capital One, National Association (“Capital
One”), defendant SFR Investments Pool 1, LLC
(“SFR”), and defendant Southern Highlands
Community Association (“Southern Highlands, ” and
together with Capital One and SFR, the “Parties”)
stipulate as follows:
September 5, 2016, the Court entered an order (ECF No. 56)
granting the Parties' stipulation to stay litigation
based on the Ninth Circuit's decision in Bourne
Valley Court Tr. v. Wells Fargo Bank, NA, 832 F.3d 1154
(9th Cir. 2016).
order provided that the litigation stay would automatically
lift when the Ninth Circuit issued its mandate in Bourne
order further provided that the dispositive motion deadline
would automatically reset to 30 days after the date the Ninth
Circuit issued its mandate.
order further provided that Capital One would be permitted to
depose SFR's expert witness, Michael Brunson, after the
stay was lifted.
Court subsequently issued a minute order (ECF No. 57) which
deemed Capital One's motion to compel against SFR (ECF
No. 52) withdrawn. The minute order stated the Parties could
request reinstatement of the motion to compel after the
litigation stay was lifted.
Ninth Circuit issued its mandate in Bourne Valley on
December 14, 2016.
Accordingly, the dispositive motions deadline automatically
reset to January 13, 2017.
December 29, 2016, SFR filed a Motion to Certify Question of
Law to Supreme Court of Nevada (ECF No. 58) and a Motion for
Partial Summary Judgment re: a Pure Issue of Law: Application
of the Return Doctrine Post-Bourne Valley (ECF No.
Capital One intends to file a motion for summary judgment on
or before the January 13, 2017 deadline. The motion will
address various arguments which do not require the Parties to
hold the deposition of Brunson or to reinstate Capital
One's motion to compel. Capital One's motion will be
limited to three issues: (1) that Capital One is entitled to
summary judgment under Bourne Valley, (2) that the
Housing and Economic Recovery Act of 2008 preempted the
subject foreclosure sale from extinguishing the subject deed
of trust, and (3) that the Nevada Supreme Court's opinion
in SFR Investments Pool 1, LLC v. U.S. Bank, N.A.,
130 Nev. Adv. Rep. 75, 334 P.3d 408 (2014), does not apply
the event the Court denies Capital One's planned motion
for summary judgment, the Parties agree to hold the
deposition of Brunson, to reinstate the motion to compel, and
to litigate any remaining issues not addressed in Capital
One's planned motion. These issues include, among other
things, the sufficiency of the foreclosure sale price, the
validity of the foreclosure sale under Shadow Wood
Homeowners Ass'n v. N.Y. Cmty. Bancorp. Inc., 132