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Bank of New York Mellon v. Royal Highlands Street and Landscape Maintenance Corp.

United States District Court, D. Nevada

January 17, 2017

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,
v.
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,
v.
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 2006-AR7

          KIM 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

          LEACH 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 Maintenance Corporation

          Sean L. Anderson, Esq. Ryan D. Hastings, Esq. Leach Johnson Song &Gruchow Attorneys for Royal Highlands Street and Landscape Maintenance Corporation

          Diana Cline Ebron, Esq. Jacqueline A. Gilbert, Esq. Karen L. Hanks, Esq. Kim Gilbert Ebron Attorneys for SFR Investments Pool 1, LLC

          STIPULATION AND ORDER TO TEMPORARILY STAY CASE DUE TO ALESSI & KOENIG, LLC'S BANKRUPTCY

         Plaintiff 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:

         1. BoNY 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.

         2. The parties have not yet completed discovery. Discovery closes on February 28, 2017. (ECF No. 18.)

         3. 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.

         4. The 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.

         5. Any 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.

         6. All pending hearings, depositions, and deadlines shall be vacated.

         7. The 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.

         8. This stipulation is entered into in good faith and without the intent ...


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