United States District Court, D. Nevada
DITECH FINANCIAL LLC f/k/a GREEN TREE SERVICING LLC, Plaintiff,
DORADO HOMEOWNERS ASSOCIATION; LAS VEGAS DEVELOPMENT GROUP, LLC; THUNDER PROPERTIES, INC.; and NEVADA ASSOCIATION SERVICES, INC., Defendants.
AKERMAN LLP, Ariel E. Stern, Esq. Jamie K Combs Attorneys for
Plaintiff Ditech Financial LLC
THORNDAL, ARMSTRONG, DELK, BALKENBUSH & EISINGER Michael
C. Hetey, Esq. Heather L. Trujillo, Esq. Keith B. Gibson,
Esq. Attorneys for Dorado Homeowners' Association
P. CROTEAU & ASSOCIATES, LTD Roger P. Croteau, Esq.
Timothy E. Rhoda, Esq. Attorneys for Las Vegas Development
Group, LLC & Thunder Properties, Inc.
JOINT STATUS REPORT AND STIPULATION FOR PARTIAL STAY
PENDING MOTION FOR SUMMARY JUDGMENT AND ORDER
Ditech Financial LLC f/k/a Green Tree Servicing LLC
(Ditech), and Defendants Dorado Homeowners
Association (Dorado), Las Vegas Development
Group, LLC (LVDG), and Thunder Properties,
Inc. (Thunder) (collectively, the
parties) by and through their respective counsel
of record, report to the court and stipulate as follows:
Joint Status Report
lawsuit involves quiet title/declaratory relief and other
claims related to a non-judicial homeowner's association
foreclosure sale conducted pursuant to NRS 116.
April 5, 2017, the parties filed a joint stipulation and
proposed order to stay the proceedings pending final
resolution of all Bourne Valley and/or Saticoy
Bay proceedings before the United States Supreme Court.
(ECF No. 29).
April 10, the Court granted the stipulation and entered the
proposed order. The parties were directed to "submit a
joint status report and renewed discovery plan and scheduling
order for the Court's approval" within forty five
(45) days of final resolution of all Bourne Valley
and/or Saticoy Bay proceedings before the United
States Supreme Court. (Dkt. No. 30).
June 26, 2017, the United States Supreme Court denied Bourne
Valley Trust's petition for certiorari.
petition for writ of certiorari was ever filed in Saticoy
Bay LLC Series 350 Durango 104 v. Wells Fargo Home Mortgage,
a Div. of Wells Fargo Bank, N.A.
parties have met and conferred on the remaining case
deadlines and stipulate to the new deadlines set forth below.
Stipulated Stay of Discovery deadlines Pending Motion for
Ditech intends to file a motion for summary judgment
regarding the application of the Bourne Valley decision by
August 21, 2017.
Ditech's summary judgment motion will raise purely legal
issues concerning the application of Bourne Valley
that it asserts can be resolved without discovery. LVDG and
Thunder believe that discovery will ultimately be required,
including discovery regarding the notices that were provided
to Ditech and/or its predecessor-in-interest. As a result,
LVDG and Thunder believe that the proposed motion for summary
judgment is premature. With that said, the resolution of the
proposed motion could conceivably affect and provide guidance
on the extent of necessary discovery, if any, on all issues.