Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ditech Financial LLC v. Dorado Homeowners Association

United States District Court, D. Nevada

August 16, 2017

DITECH FINANCIAL LLC f/k/a GREEN TREE SERVICING LLC, Plaintiff,
v.
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

          ROGER 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

         Plaintiff 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)[1] by and through their respective counsel of record, report to the court and stipulate as follows:

         A. Joint Status Report

         1. This lawsuit involves quiet title/declaratory relief and other claims related to a non-judicial homeowner's association foreclosure sale conducted pursuant to NRS 116.

         2. On 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).

         3. On 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).

         4. On June 26, 2017, the United States Supreme Court denied Bourne Valley Trust's petition for certiorari.

         5. No 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.

         6. The parties have met and conferred on the remaining case deadlines and stipulate to the new deadlines set forth below.

         B. Stipulated Stay of Discovery deadlines Pending Motion for Summary Judgment

         7. Ditech intends to file a motion for summary judgment regarding the application of the Bourne Valley decision by August 21, 2017.

         8. 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. If ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.