Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bank of America, N.A. v. Desert Pine Villas Homeowners Association

United States District Court, D. Nevada

April 18, 2017

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff,
v.
DESERT PINE VILLAS HOMEOWNERS ASOCIATION; SFR INVESTMENTS POOL 1, LLC; and ALESSI & KOENIG, LLC, Defendants. SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter/Cross-Claimant,
v.
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP; and JANET ROBITAILLE, an individual, Counter/Cross-Defendants.

          DIANA CLINE EBRON, ESQ. Nevada Bar No. 10580, JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 KAREN L. HANKS, ESQ. KIM GILBERT EBRON Attorneys for SFR Investments Pool 1, LLC

          KIM GILBERT EBRON Jacqueline A. Gilbert 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 SFR Investments Pool 1, LLC

          AKERMAN LLP Melanie D. Morgan MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 TENESA S. SCATURRO, ESQ. Nevada Bar No. 12488 Attorneys for Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP

          TANIKA M. CAPERS, ESQ. Nevada Bar No. 10867 Attorney for Desert Pine Villas Homeowners Association

          STIPULATION AND ORDER TO EXTEND TIME FOR THE PARTIES TO SUBMIT REPLIES IN SUPPORT OF MOTIONS FOR SUMMARY JUDGMENT [ECF NOS. 41, 79, 80, 85, AND 86] (FIRST REQUEST FOR REPLIES)

          Defendant SFR INVESTMENTS POOL 1, LLC (“SFR”), Defendant DESERT PINE VILLAS HOMEOWNERS ASSOCIATION (the “Association”), and Plaintiff BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP (“BANA”)[1] hereby stipulate and agree to extend the time for the parties to reply to the responses to motions for summary judgment as follows: submit this joint motion to extend the time for SFR to respond to BANA's Response to SFR's Motion for Summary Judgment [ECF No. 85] filed on April 4, 2017 and to extend the time for BANA to respond to SFR's Response to BANA's Motion for Summary Judgment filed on April 4, 2017 [ECF No. 86] as outlined below. The current response due date is April 18, 2017.

         1. This lawsuit involves the parties seeking quiet title/declaratory relief and other claims related to a non-judicial homeowner's association foreclosure sale conducted on a Property pursuant to NRS 116.

         2. BANA filed its motion for summary judgment on September 27, 2016. [ECF No. 41.]

         3. SFR filed its motion for partial summary judgment on December 22, 2016. [ECF No. 69.] BANA filed its response to the motion for partial summary judgment on January 11, 2017. [ECF No. 71.] SFR's reply in support of its motion for partial summary judgment was filed on January 25, 2017. [ECF No. 74.]

         4. SFR filed its motion for summary judgment on March 15, 2017. [ECF No. 79.] The Association filed a joinder to SFR's motion on March 20, 2017. [ECF No. 80.]

         5. After a number of motions and stipulations for stay or extensions of time based primarily on the December 13, 2016 bankruptcy filed by Alessi & Koenig, LLC, which were denied by this Court, [2] the parties filed their responses to the cross-motions for summary judgment on April 4, 2017 (by BANA) [ECF No. 85] and April 5, 2017 (by SFR) [ECF No. 86].

         6. The replies in support of SFR's motion for summary judgment are currently due on April 18, 2017 and the reply in support of BANA's motion for summary judgment is currently due on April 19, 2017.

         7. None of the motions or stipulations referenced in ¶ 5 and n.2 were specifically directed at the reply briefs in support of the cross-motions for summary judgment which are the subject of this stipulation.

         8. Undersigned counsel for SFR represented to counsel for BANA and the Association that on April 6, 2017, one of attorneys from Kim Gilbert Ebron (“KGE”) assigned to the case on behalf of SFR was involved in a debilitating automobile accident, resulting in protracted absence from the firm. It is yet unclear as to when the attorney will have the capacity to return to work full-time and her workload is being reassigned.

         9. Due to the foregoing, the Parties request additional time to submit their replies in support of their motions for summary judgment. This will allow SFR to either re-assign the case to a different attorney or allow for the return of the attorney originally assigned. Additionally it will allow BANA to file ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.