United States District Court, D. Nevada
BANK OF AMERICA, N.A. Plaintiff,
CASCADE RESEARCH PARTNERS, LLC, a Nevada limited liability company; VIEW OF BLACK MOUNTAIN HOMEOWNERS ASSOCIATION, a Nevada non-profit company; RED ROCK FINANCIAL SERVICES, LLC, a Delaware limited liability company; and DOES I through X, and ROE CORPORATIONS I through X, inclusive, Defendants.
WRIGHT, FINLAY & ZAK, LLP, Edgar C. Smith, Esq. Nevada
Bar No. 5506, Aaron D. Lancaster, Esq. Nevada Bar No. 10115
Attorneys for Plaintiff, Bank of America, N.A.
LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C. Amber M.
Williams, Esq. Attorney for Defendant View of Black Mountain
Law Office of Mike Beede, PLLC By: Michael N. Beede, Esq.
Attorneys for Defendant Cascade Research Partners, LLC
& SCOW LLC By: David R. Koch, Esq. Steven B. Scow, Esq.
Brody R. Wright, Esq. Attorneys for Red Rock Financial
STIPULATION AND ORDER FOR LEAVE OF COURT FOR PARTIES
TO AMEND COMPLAINT AND COUNTERCLAIMS
to Rule 15 of the Federal Rules of Civil Procedure and Local
Rule 15-1 Plaintiff, Bank of America, N.A.
(“BANA”), through its counsel of record, Edgar C.
Smith, Esq. and Aaron D. Lancaster, Esq., Cascade Research
Partners, LLC (“Cascade”), through its counsel of
record, Michael N. Beede, Esq., View of Black Mountain
Homeowners Association (“HOA”), through its
counsel of record Amber M. Williams, Esq., and Red Rock
Financial Services, LLC, through its counsel of record David
R. Koch, Esq. and Steven B. Scow, Esq. submit this
Stipulation and Order for Leave of Court for parties to file
amended pleadings, including the Plaintiff filing an Amended
Complaint to reassert claims against the HOA related to the
completion of the NRED Mediation. A copy of the
Plaintiff's proposed amended pleading is attached as
February 28, 2017, the Court entered Order [ECF No. 48]
pursuant to HOA's Motion to Dismiss [ECF No. 17].
Specifically, the Order granted the HOA's Motion to
Dismiss regarding the following causes of action: (1)
injunctive relief; (2) wrongful foreclosure; (3) negligence;
(4) negligence per se; (5) breach of contract; (6)
misrepresentation; and (7) tortious interference with
contract. All of the above causes of action, except
injunctive relief, were dismissed based NRS 38.310, and that
these claims must first be submitted to mediation before
proceeding with a civil action.
time the First Amended Complaint was filed on August 2, 2016
[ECF No. 7], and at the time all of the briefing had been
completed regarding the HOA's Motion to Dismiss [ECF No.
17] the NRED Mediation had not been completed. Since the
briefing relating to the HOA's Motion to Dismiss was
before the Court the parties have participated in an NRED
Mediation. The NRED Mediation was completed on January 4,
2017. The mediation was unsuccessful as no agreement was
reached at the mediation. BANA therefore requests leave to
amend to reassert causes of action against the HOA based on
the completion of the NRED Mediation.
STANDARD FOR LEAVE TO AMEND
permits a party to amend its pleading by leave of court and
states that “the court should freely give leave when
justice so requires.” FRCP 15(a)(2). The Ninth Circuit
has approved of amendment in similar situations, stating that
“a court must be guided by the underlying purpose of
Rule 15 to facilitate decision on the merits, rather than on
the pleadings or technicalities.” United States v.
Webb, 655 F.2d 977, 979 (9th Cir.1981); Lopez v.
Smith, 203 F.3d 1122, 1127 (9th Cir.2000).
Although district courts have discretion regarding whether to
grant leave to amend, such leave should be granted with
“extreme liberty.” Morongo Band of Mission
Indians v. Rose, 893 F.2d 1074, 1079 (9th
these well established principles, the Court should grant
parties' request for leave to amend. Since filing the
First Amended Complaint, the filing of the HOA's Motion
to Dismiss, the parties have participated in an NRED
Mediation. The Real Estate Division is ill-equipped to handle
the onslaught of filings for mediation resultant from HOA
litigation, resulting in substantial delay. The mediation is
not complete and no agreement was reached at the mediation.
Plaintiff's proposed Second Amended Complaint attached as
Exhibit 1 reasserts those causes of action against the HOA
that were dismissed pursuant to the Order (ECF No. 48], as
BANA is challenging the validity of the lien sale conducted
by the HOA and its agents. The parties therefore request that
the Court grant its request for leave to file amended
pleadings. Allegations ...