United States District Court, D. Nevada
BANK OF AMERICA, N.A., successor by merger to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff,
SFR INVESTMENTS POOL 1, LLC; DAVYN RIDGE HOMEOWNERS ASSOCIATION; THOMAS JESSUP, LLC; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, Defendants, and all related claims.
AKERMAN LLP, ARIEL STERN, ESQ. VATANA LAY, ESQ. JESSE A.
RANSOM, ESQ. Attorneys for Bank of America, N.A.
MARQUIS AURBACH COFFING, PATRICK MCDONNELL, ESQ. Attorneys
for Daunshari Wong-Culotta
JOHNSON SONG&GRUCHOW, SEAN L. ANDERSON, ESQ., RYAN D.
HASTINGS, ESQ. Attorneys for Davyn Ridge Homeowners'
MORTENSON & RAFIE, PETER MORTENSON, ESQ. Attorneys for
Thomas Jessup, LLC
GILBERT EBRON, DIANA CLINE EBRON, ESQ. JACQUELINE A. GILBERT,
ESQ. KAREN L. HANKS, ESQ. Attorneys for SFR Investments Pool
JOINT MOTION TO CONTINUE DEADLINE FOR FILING PROPOSED
HOFFMAN, JR. UNITED STATES MAGISTRATE JUDGE
America, N.A., SFR Investments Pool 1, LLC, Davyn Ridge
Homeowners Association, Thomas Jessup, LLC, and Daunshari
Wong-Culotta hereby jointly move for a continuance of the
deadline to file the joint pre-trial order. This is the third
request for a continuance of this deadline.
case is one of several hundred in Nevada arising from the
purchase of a property at a homeowners' association's
non-judicial foreclosure sale. The parties in this matter
filed dispositive motions on their various claims. The Court
on February 14, 2017, denied all pending dispositive motions
and ordered that a pre-trial order be filed on or before
March 16, 2017 .
days before the proposed pre-trial order was due Third
Third-party defendant Dunshari Wong Culotta filed a motion to
alter or amend order ECF No. 88 pursuant to Rule 59(e). On
March 16, 2017 the parties filed a joint motion continue the
deadline to file the pre-trial order so that the Court could
decide the motion to alter or amend ; the Court granted
that motion the following day and set the deadline to March
31, 2017 .
for all of the parties personally met and conferred at the
office of Bank of America's counsel on March 28, 2017. At
this meeting, which lasted nearly two hours, the parties'
counsel discussed the various issues relating to the proposed
joint pre-trial order and reached agreement that a
continuance was in the best interest of the parties and the
court. Additionally, the several of the parties began
settlement discussions, which if successful, would narrow the
issues at trial. Thus, on March 31, 2017, the parties filed
the second request to continue the deadline for filing the
proposed pre-trial order ; the Court granted that request
and set the new deadline to June 2, 2017 .
GOOD CAUSE EXISTS TO CONTINUE THE DEADLINE
March 31, 2017, the parties engaged in settlement have made
significant progress to resolve the claims between them,
however, the parties believe that additional time to complete
the proposed pre-trial order is still warranted.
there continue to be ongoing settlement negotiations between
Jessup and Ms. Wong-Culotta and their counsel have reached a
an agreement in principle on the material terms. During this
time Ms. Wong-Cullota and Jessup have been attempting to
reach a global settlement involving this and other disputes