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HSBC Bank USA, National Association v. Thunder Properties, Inc.

United States District Court, D. Nevada

May 12, 2017

HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE IN TRUST FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP., HOME EQUITY HOME LOAN TRUST, SERIES 2006-NC3, ASSET-BACKED PASS THROUGH CERTIFICATES, Plaintiff,
v.
THUNDER PROPERTIES, INC., a Nevada corporation; EAGLE CANYON ESTATES ASSOCIATION, a Nevada non-profit corporation, Defendants.

          WRIGHT, FINLAY & ZAK, LLP, Dana Jonathon Nitz, Esq., Lindsay D. Robbins, Esq., lrobbins@wrightlegal.net Attorneys for Plaintiff, HSBC Bank USA, National Association, as Trustee in Trust for the Registered Holders of Ace Securities Corp., Home Equity Home Loan Trust, Series 2006-NC3, Asset-Backed Pass Through Certificates.

          ROGER P. CROTEAU & ASSOCIATES, LTD., Timothy E. Rhoda, Esq., Attorney for Defendant, Thunder Properties, Inc.

          LIPSON, NEILSON, COLE SELTZER & GARIN, P.C., Kaleb Anderson, Esq., Attorney for Defendant, Eagle Canyon Estates Association

          JOINT MOTION TO EXTEND DISPOSITIVE MOTION DEADLINE TO ALLOW HSBC BANK TO AMEND COMPLAINT AND TO REOPEN DISCOVERY FOR LIMITED PURPOSE (FIRST REQUEST FOR THIS DEADLINE)

         Plaintiff, HSBC Bank USA, National Association, as Trustee in Trust for the Registered Holders of Ace Securities Corp., Home Equity Home Loan Trust, Series 2006-NC3, Asset-Backed Pass Through Certificates (hereinafter “HSBC Bank”), Defendant, Thunder Properties, Inc. (hereinafter “Thunder Properties”), and Defendant, Eagle Canyon Estates Association (hereinafter “Eagle Canyon”), by and through their attorneys of record, hereby submit their Joint Motion to Extend the Dispositive Motion Deadline to allow HSBC's Bank to amend its Complaint to add claims against Eagle Canyon and to Reopen Discovery for the Limited Purpose of Completing Discovery to address HSBC's claims against Eagle Canyon.

         This lawsuit involves a claim seeking quiet title/declaratory relief and other claims related to a non-judicial homeowner's foreclosure sale conducted on a Property pursuant to NRS Chapter 116. HSBC Bank filed its Complaint against Thunder Properties and Eagle Canyon on February 22, 2016. [ECF No. 1]. HSBC Bank's claims for wrongful foreclosure, negligence and negligence per se against Eagle Canyon were subsequently dismissed without prejudice pending completion of HSBC Bank's mediation with Eagle Canyon before the Nevada Real Estate Division (“NRED”) pursuant to NRS 38.310. [ECF No. 37]. However, prior to the Court's decision on Eagle Canyon's Motion to Dismiss, the parties stipulated to stay the litigation pending the Ninth Circuit's resolution of Bourne Valley Court Trust v. Wells Fargo Bank, 2016 WL 4254983 (9th Cir. Aug. 12, 2016). [ECF No. 35]. The Order to stay the litigation was granted in part by the Court on October 13, 2016. [ECF No. 36]. Thereafter, HSBC Bank and Eagle Canyon participated in an NRED mediation on December 5, 2016, which resulted in an impasse.

         After the Court of Appeals issued its mandate on Bourne Valley, the parties stipulated to continue the stay pending final resolution of the Bourne Valley and Saticoy Bay certiorari proceedings before the U.S. Supreme Court. [ECF No. 38]. The Court denied the parties' Stipulation to Stay the Litigation, setting a dispositive motion deadline for May 5. 2017 and the deadline for filing the joint pretrial order for June 5, 2017. [ECF No. 39].

         The parties wish to extend the dispositive motion deadline to allow HSBC Bank to seek leave to amend its Complaint to add claims against Eagle Canyon that were previously dismissed by the Court without prejudice pending the NRED mediation. Additionally, the parties request a brief period of sixty (60) days to complete discovery for the limited purpose of addressing HSBC Bank's claims against Eagle Canyon. In denying the parties' stipulation to continue the stay pending resolution of the writs of certiori in Bourne Valley and Saticoy Bay, the Court stated that this matter is ready for resolution on the merits. However, HSBC Bank has not yet had the opportunity to amend its Complaint to reassert claims against Eagle Canyon, a necessary party, which was previously dismissed by the Court, solely due to lack of completion of NRED mediation. Because the mediation has since been completed, the claims can now be reasserted. Moreover, due to the stay in litigation and pending Eagle Canyon's Motion to Dismiss, the parties have not fully completed discovery to address HSBC Bank's Claims against Eagle Canyon. As such, the parties jointly request an extension to the dispositive motion deadline to allow HSBC Bank to seek leave to amend its Complaint and to reopen discovery for a brief period of sixty (60) days to allow the parties to complete discovery concerning HSBC Bank's claims against Eagle Canyon, including its claims for wrongful foreclosure, negligence, and negligence per se, which were previously dismissed by the Court without prejudice pending completion of the NRED mediation. HSBC is also considering whether claim against Eagle Canyon's foreclosure trustee, Hampton & Hampton, might be warranted as well.

         This is the parties' first request for this extension and is not intended to cause any delay or prejudice to any party.

         (a) A statement specifying the discovery completed:

         Prior to Eagle Canyon's dismissal from the litigation, the parties engaged in discovery, including the following:

. Thunder Properties' Initial Disclosures, 6/14/2016;
. Eagle Canyon's Initial Disclosures, 7/13/2016;
. HSBC Bank's Initial Disclosures, 7/27/2016;
. HSBC Bank's First Set of Requests for Admissions to Eagle Canyon, 7/27/2016;
. HSBC Bank's First Set of Requests for Production of Documents to Eagle Canyon, ...

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