United States District Court, D. Nevada
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF SAMI II TRUST 2006-AR7, Plaintiff,
ROYAL HIGHLANDS STREET AND LANDSCAPE MAINTENANCE CORPORATION; SFR INVESTMENTS POOL 1, LLC; and ALESSI & KOENIG, LLC, Defendants. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter/Cross-Claimant,
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF SAMI II TRUST 2006-AR7; and LOIS HAUGABOOK DORSEY, an individual, Counter/Cross-Defendants.
MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 REX D. GARNER,
ESQ. Nevada Bar No. 9401 Akerman LLP Attorneys for
plaintiff and counter-defendant The Bank of New York Mellon
f/k/a The Bank of New York as Successor to JP Morgan Chase
Bank, N.A., as Trustee for the Holders of SAMI II Trust
GILBERT EBRON DIANA CLINE EBRON, ESQ. Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 KAREN L.
HANKS, ESQ. Nevada Bar No. 9578 Attorneys for defendant,
counter- and cross-claimant SFR Investments Pool 1, LLC
JOHNSON SONG & GRUCHOW SEAN L. ANDERSON, ESQ. Nevada Bar
No. 7259 RYAN D. HASTINGS, ESQ. Nevada Bar No. 12394
Attorneys for defendant Royal Highlands Street and Landscape
L. Anderson, Esq. Ryan D. Hastings, Esq. Leach Johnson Song
&Gruchow Attorneys for Royal Highlands Street and
Landscape Maintenance Corporation
Cline Ebron, Esq. Jacqueline A. Gilbert, Esq. Karen L. Hanks,
Esq. Kim Gilbert Ebron Attorneys for SFR Investments Pool
STIPULATION AND ORDER TO TEMPORARILY STAY CASE DUE TO
ALESSI & KOENIG, LLC'S BANKRUPTCY
and counter-defendant The Bank of New York Mellon f/k/a The
Bank of New York as Successor to JPMorgan Chase Bank, N.A.,
as Trustee for the Holders of SAMI II Trust 2006-AR7 (BoNY),
defendant Royal Highlands Street and Landscape Maintenance
Corporation and defendant and cross- and counter-claimant SFR
Investments Pool 1, LLC stipulate to stay this case for sixty
days, until March 14, 2017, as follows:
filed its complaint on August 22, 2016, asserting claims
against Royal Highlands, SFR, and Alessi & Koenig, LLC.
(ECF No. 1.) SFR filed counterclaims against BoNY and
cross-claims against Lois Haugabook Dorsey. (ECF No. 22.)
Neither Alessi nor Ms. Dorsey have appeared.
parties have not yet completed discovery. Discovery closes on
February 28, 2017. (ECF No. 18.)
Alessi filed a chapter 7 bankruptcy petition in the U.S.
Bankruptcy Court for the District of Nevada on December 13,
2016, under Case No. 16-16593. Pursuant to 11 U.S.C. §
362(a)(1), an automatic stay applies as to Alessi.
parties stipulate and agree to temporarily stay all
litigation in this case for 60 days until March 14, 2017 or
further order of the Court, to allow time to determine the
best way to move forward with discovery, including securing
documents from Alessi, without violating the automatic stay.
party may move to lift the stay in this case at any time.
When the automatic stay pertaining to Alessi's bankruptcy
is no longer in effect or the parties have secured relief
from stay, the parties will submit a stipulation to lift the
stay in this case.
pending hearings, depositions, and deadlines shall be
parties shall confer on the remaining scheduling order
deadlines and submit a proposed scheduling order addressing
the remaining case deadlines when the stay is lifted. The
parties shall have at least sixty days to complete discovery
when the stay is lifted.
stipulation is entered into in good faith and without the