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The Bank of New York Mellon v. Stone Canyon West Homeowners Association

United States District Court, D. Nevada

March 30, 2018

THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2006-AR6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR6, Plaintiff,
v.
STONE CANYON WEST HOMEOWNERS ASSOCIATION and SFR INVESTMENTS POOL 1, LLC, Defendants. SFR INVESTMENTS POOL 1, LLC, LLC, a Nevada limited liability company, Counter/Cross Claimant,
v.
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2006-AR6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR6; NATIONSTAR MORTGAGE LLC; BANK OF AMERICA, N.A., a national banking association; JUAN A. CHACON, an individual, Counter/Cross Defendants. STONE CANYON WEST HOMEOWNERS ASSOCIATION, Third Party Plaintiff,
v.
NEVADA ASSOCIATION SERVICES, INC. Third Party Defendant.

          MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 THERA A. COOPER, ESQ. Nevada Bar No. 13468 Akerman LLP Attorneys for The Bank of New York Mellon f/k/a The Bank of New York, as Successor in Interest t JPMorgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR6 Mortgage Pass-Through Certificates, Series 2006-AR6, Nationstar Mortgage LLC, and Bank o America, N.A.

          KIM GILBERT EBRON DIANA S. EBRON, ESQ. Nevada Bar No. 10580 JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 KAREN L. HANKS, ESQ. Nevada Bar No. 9578 Attorneys for counter- and cross-claimant SFR Investments Pool 1, LLC

          Jared P. Green, Esq. Dylan P. Todd, Esq. MCCORMICK BARSTOW LLP Attorneys for Stone Canyon West Homeowners Association

          Diana S. Ebron, Esq. Howard C. Kim, Esq. Karen L. Hanks, Esq. KIM GILBERT EBRON Attorneys for SFR Investments Pool 1, LLC

          STIPULATION AND ORDER RE: NOTICES OF RULE 30(b)(6) DEPOSITIONS OF THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2006-AR6, MORTGAGEPASS-THROUGH CERTIFICATES, SERIES 2006-AR6 AND NATIONSTAR MORTGAGE LLC

         Plaintiff and counter- and cross-defendant Bank of New York Mellon f/k/a The Bank of New York, as Successor in Interest to JPMorgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR6 (BNYM) and defendant and counter- and cross-claimant SFR Investments Pool 1, LLC (SFR) stipulate as follows:

         1. SFR served a notice of Rule 30(b)(6) deposition continuing 13 topics on BNYM on February 5, 2018. The deposition is scheduled for April 4, 2018.

         2. SFR served a notice of Rule 30(b)(6) deposition continuing 13 topics on Nationstar on February 5, 2018. The deposition is scheduled for April 4, 2018.

         3. SFR served a substantially similar notice of Rule 30(b)(6) deposition on Bank of America, N.A. (BANA) in Bank of Am., N.A. v. Falcon Pointe Ass'n et al, D. Nev. Case. No. 2:16-cv-00814-GMN-CWH, last December. BANA initially disputed seven of the thirteen noticed topics: (1) topic 5, which seeks information concerning BANA's alleged damages; (2) topic 6, which seeks information concerning what investigation, if any, BANA made into title or encumbrances before acquiring an interest in the deed of trust; (3) topic 7, which seeks information concerning what investigation, if any, BANA made into title or encumbrances before the HOA's foreclosure sale; (4) topic 8, which seeks information concerning BANA's acquisition of its interest in the note and deed of trust; (5) topic 9, which seeks information concerning BANA's "knowledge regarding creation, execution and recording" of the recorded assignment(s); (6) topic 11, which seeks information concerning BANA's communications with its "predecessor in interest" regarding the HOA's CC&Rs "and title or encumbrances;" and (7) topic 12, which seeks information concerning "[a]l facts and circumstances in which [BANA] contend[s] that [the HOA] and its foreclosure agent failed to comply" with NRS chapter 116 in conducting the foreclosure sale (collectively, the disputed topics).

         4. BNYM, Nationstar and SFR met and conferred concerning the disputed topics pursuant to L.R. 26-7 in connection SFR's deposition notice in Falcon Pointe. SFR agreed to limit or withdraw four of the seven disputed topics based on the meet and confer. To avoid unnecessary fees and costs, BNYM, Nationstar and SFR stipulate to apply the agreement reached in the Falcon Pointe meet and confer to SFR's notice of deposition in this case as set forth below:

a. Topic 6: SFR's inquiry into topic 6 shall be limited to investigations into title that revealed Stone Canyon West Homeowners Association's lien.
b. Topic 7: SFR's inquiry into topic 7 shall be limited to investigations into title that revealed Stone Canyon West Homeowners Association's lien.
c. Topic 11: SFR's inquiry into topic 11 shall be limited to communications between BNYM and its "predecessor in interest" regarding Stone Canyon West Homeowners Association's foreclosure notices, CC&Rs and lien.
d. Topic 12: SFR has already or will seek the information it seeks to obtain through deposition topic 12 via an interrogatory. BNYM and Nationstar agree to substantively respond to SFR's interrogatory subject to any written objections. SFR will withdraw deposition topic 12 when BNYM serves its interrogatory response.

         5. BANA and SFR were unable to resolve their dispute concerning the remaining three disputed topics (i.e., topics 5, 8 and 9) during their Falcon Pointe meet and confer but, to avoid litigation costs and unnecessarily burdening the Court with substantially-similar motions for protective order, agreed BANA would file only one motion per judicial combination (e.g., BANA would file a motion in Falcon Pointe, but would not file one in other cases assigned to Judges Navarro and Hoffman in which SFR served a deposition notice on BANA containing these same three topics), and the parties will apply ...


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