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Torno v. Green Tree Servicing, LLC

United States District Court, D. Nevada

January 11, 2017

CRYSTAL TORNO a.k.a. CRYSTAL A. THOMAS-BOLDUC, an individual, Plaintiff,
v.
GREEN TREE SERVICING, LLC; NATIONAL DEFAULT SERVICING CORPORATION; and PREMIER AMERICAN TITLE AGENCY, INC., FANNIE MAE; and DOES 1-10, inclusive, Defendants.

          TIFFANY & BOSCO, P.A. GREGORY L.WILDE, ESQ. KEVIN SODERSTROM, ESQ., MATTHEW D. DAYTON, ESQ. Attorneys for Defendant National Default Servicing Corporation

          GREENBERG TRAURIG, LLP MARK E. FERRARIO, ESQ. JACOB D. BUNDICK, ESQ. MICHAEL HOGUE, ESQ. Attorneys for Defendants Green Tree Servicing, LLC and Federal National Mortgage Association

          BAILEYKENNEDY DENNIS L. KENNEDY JOSHUA M. DICKEY PAUL C.WILLIAMS AMANDA L. STEVENS GEORGE H. HAINES DAVID H. KRIEGER HAINES &KRIEGER Attorneys for Plaintiff Crystal Torno

         STIPULATION AND ORDER: (1) RESOLVING CRYSTAL TORNO'S MOTION FOR SANCTIONS [ECF NO. 78]; AND (2) EXTENDING TIME FOR PLAINTIFF CRYSTAL TORNO TO FILE HER REPLY IN SUPPORT OF HER MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT [ECF NO. 74] (FOURTH REQUEST).

         IT IS HEREBY STIPULATED AND AGREED by and among Plaintiff Crystal Torno (“Ms. Torno”), Defendant Green Tree Servicing, LLC (“Green Tree”), Defendant Federal National Mortgage Association (“Fannie Mae”), and Defendant National Default Servicing Corporation (“National Default”) (collectively, the “Parties”), through their counsel, as follows:

         1. Whereas, at a July 28, 2016 status conference, the Court-treating Plaintiff's Status Report as a Motion to Compel-ordered Green Tree to “produce 50 random loan files” where Green Tree was the servicer of the note, where Green Tree executed the affidavit of authority, and where the affidavit of authority identified Green Tree as the beneficiary” (the “Order Granting Motion to Compel”). (ECF No. 69, Minutes of Proceedings, July 28, 2016 (emphasis added).)

         2. Whereas, the Parties agreed on a protocol for selecting the 50 random loan files and Green Tree ultimately produced copies of the deed of trust, the assignment of the deed of trust to Green Tree, and notice of default including the affidavit of authority for each of the 50 random loan files.

         3. Whereas, a dispute arose between the Parties as to whether this production satisfied the letter and intent of the Court's Order Granting Motion to Compel.

         4. Whereas, on November 15, 2016, Ms. Torno filed a Motion for Sanctions Against Green Tree Servicing, LLC Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) (the “Motion for Sanctions”), contending that Green Tree had failed to comply with the Order Granting Motion to Compel and claiming that Green Tree was obligated to produce the entirety of all 50 loan files. (See ECF No. 78.) Green Tree maintains that it complied with the Order Granting Motion to Compel because it provided sufficient documentation to allow Plaintiff to determine if there was a legitimate basis for pursuing class certification.

         5. Whereas, on November 17, 2016, the Court granted the Parties' Stipulation and Order extending the Defendants' deadline to file their response to Ms. Torno's Motion for Leave to File Third Amended Complaint (ECF No. 74) (the “Motion for Leave”) to November 21, 2016, and extending Ms. Torno's deadline to file her reply in support of her Motion for Leave to December 9, 2016. (See ECF No. 79.)

         6. Whereas, on November 22, 2016, the Court granted the Parties' Stipulation and Order extending the Defendants' deadline to file their response to the Motion for Leave to November 23, 2016, and extending Ms. Torno's deadline to file her reply in support of her Motion for Leave to December 13, 2016. (See ECF No. 83.)

         7. Whereas, on December 1, 2016, the Court granted the Parties' Stipulation and Order extending Green Tree's deadline to file its response to Ms. Torno's Motion for Sanctions Against Green Tree Servicing, LLC Pursuant to Federal Rule of Civil Procedure 37(b)(2)(A) (ECF No. 78) (the “Motion for Sanctions”) to December 15, 2016. (See ECF No. 88.)

         8. Whereas, on December 8, 2016, the Parties filed a Stipulation and Order: (1) Extending Time for Plaintiff Crystal Torno to File Her Reply in Support of Her Motion for Leave to File Third Amended Complaint [ECF No. 74] (Third Request); and (2) Extending Time for Defendant Green Tree Servicing, LLC to File its Response to Plaintiff Crystal Torno's Motion for Sanctions Against Green Tree Servicing, LLC Pursuant to Federal Rule of Civil Procedure 37(B)(2)(A) [ECF No. 78] (Second Request). (See ECF No. 89.)

         9. Whereas, a hearing on the Motion for Leave and the Motion for Sanctions is currently scheduled for January 10, 2017, ...


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