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Bank of America, N.A. v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

June 5, 2017

BANK OF AMERICA, N.A., successor by merger to BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff,
v.
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

          LEACH JOHNSON SONG&GRUCHOW, SEAN L. ANDERSON, ESQ., RYAN D. HASTINGS, ESQ. Attorneys for Davyn Ridge Homeowners' Association

          MORTENSON & RAFIE, PETER MORTENSON, ESQ. Attorneys for Thomas Jessup, LLC

          KIM GILBERT EBRON, DIANA CLINE EBRON, ESQ. JACQUELINE A. GILBERT, ESQ. KAREN L. HANKS, ESQ. Attorneys for SFR Investments Pool 1, LLC

          JOINT MOTION TO CONTINUE DEADLINE FOR FILING PROPOSED PRE-TRIAL ORDER

          C.W. HOFFMAN, JR. UNITED STATES MAGISTRATE JUDGE

         Bank of 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.

         I. PROCEDURAL HISTORY

         This 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 [88].

         Two 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 [91]; the Court granted that motion the following day and set the deadline to March 31, 2017 [92].

         Counsel 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 [96]; the Court granted that request and set the new deadline to June 2, 2017 [97].

         II. GOOD CAUSE EXISTS TO CONTINUE THE DEADLINE

         Since 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.

         First, 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 ...


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