United States District Court, D. Nevada
AKERMAN LLP, DARREN T. BRENNER, ESQ., TENESA S. SCATURRO,
ESQ., Attorneys for Bank of America, N.A.
GILBERT EBRON, DIANA CLINE EBRON, ESQ., JACQUELINE A.
GILBERT, ESQ., KAREN L. HANKS, ESQ., Attorneys for SFR
Investment Pool 1, LLC.
JOHNSON SONG & GRUCHOW, SEAN L. ANDERSON, ESQ., RYAN D.
HASTINGS, ESQ., Attorneys for Sonrisa Homeowners'
ASSOCIATION SERVICES, INC., CHRISTOPHER V. YERGENSEN, ESQ.,
Attorney for Nevada Association Services, Inc.
STIPULATION AND ORDER REGARDING STAY OF LITIGATION
AND DISCOVERY PENDING A MOTION FOR SUMMARY JUDGMENT REGARDING
Bank of America, N.A. (“BANA”),
Defendant/Counterclaimant SFR Investments Pool 1, LLC
(“SFR”), Defendant Sonrisa Homeowners Association
(“Association”), Nevada Association Services
(“NAS”)(collectively the “parties), by and
through their respective counsel, stipulate and agree as
litigation arises from the September 6, 2013 purported
foreclosure of the real property located at 1208 El Viento
Court, Henderson, NV 89074; Parcel No. 178-15-711-011 (the
“Property”) pursuant to the Association's
lien (“Association foreclosure sale”).
stipulates it received the following documents:
a. Notice of Default: BANA received a notice of
default dated January 1, 2013 for Sonrisa on January 23,
2013. BANA includes a copy of the notice of default it
received as Exhibit 1.
b. Notice of Sale: BANA received a notice of sale
dated August 12, 2013 on August 20, 2013 advising NAS would
foreclose Sonrisa's lien on September 6, 2013. BANA
includes a copy of the notice of sale it received as Exhibit
parties stipulate and agree that through this litigation BANA
is seeking, among other relief, a declaration that the lien
created by the deed of trust recorded against the Property in
the Official Records of the Clark County Recorder as
Instrument No. 201004280002680 (“Deed of Trust”)
was not extinguished by the Association foreclosure sale.
BANA claims an interest in the Deed of Trust, but stipulates
that it is not seeking to foreclose on the Deed of Trust
through this action. The parties stipulate and agree that SFR
reserve its rights to challenge BANA's standing to
foreclose on the Deed of Trust as the owner and/or servicer
of the loan. BANA waives no rights to counter these
arguments, but agrees they are not at issue in this case. .
Based on the above agreements and to conserve the resources
of the parties and the Court, the parties further stipulate
and agree to stay discovery and litigation, including without
limitation any pending depositions, on all issues raised by
the pleadings except as relevant to the effect of the Ninth
Circuit's ruling in Bourne Valley Court Tr. v. Wells
Fargo Bank, N.A., 832 F.3d 1154, 1157-58 (9th Cir.
2016), r'hng denied (9th Cir. Nov. 4, 2016) on
the Association's purported foreclosure sale.
parties stipulate and agree that the briefing in response to
BANA's Motion for Summary Judgment filed on September 20,
2016 [ECF No. 58] shall remain stayed.
parties stipulate and agree that BANA shall file a motion for
summary judgment limited to the issue of the effect of the
Ninth Circuit's ruling in Bourne Valley on the
Association's purported foreclosure sale and the
defendants shall respond pursuant to the Federal Rules of
Civil Procedure and Local Rules. The parties agree the stay
provided for in this stipulation as to discovery, litigation
and any other applicable deadlines shall remain in effect
until the resolution of BANA's motion for summary
judgment regarding the effect of Bourne Valley on
the Association foreclosure sale.
parties agree that the briefing and consideration of the
Motion to Certify a Question of Law to Nevada's Supreme
Court filed by SFR on November 17, 2016 [ECF No.72] shall not
be stayed because SFR contends that the motion impacts the
effect of Ninth Circuit's ruling in Bourne
Valley on the Association's purported foreclosure
sale. Similarly, briefing on SFR Investments Pool 1,
LLC's Motion for Partial Summary Judgment Regarding a
Pure Issue of Law: Application of the Return Doctrine
Post-Bourne Valley [ECF No. 85] ...