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Bank of America, N.A. v. Palm Hills Homeowners Association, Inc.

United States District Court, D. Nevada

May 1, 2018

BANK OF AMERICA, N.A. Plaintiff,
v.
PALM HILLS HOMEOWNERS ASSOCIATION, INC.; VERN ELMER; and NEVADA ASSOCIATION SERVICES, INC. Defendants. VERN ELMER, an individual, Counterclaimant,
v.
BANK OF AMERICA, N.A., a National Association; DOE INDIVIDUALS I-X; and ROE CORPORATIONS I-X, inclusive. Counterdefendants.

          Douglas D. Gerrard, Esq. Nevada Bar No. 4613 dgerrard@gerrard-cox.com Nathan R. Henderson, Esq., GERRARD, COX & LARSEN Melanie D. Morgan, Esq. Nevada Bar No. 8215 darren.brenner@akerman.com Scott R. Lachman, Esq. Nevada Bar No. 12016 scott.lachman@akerman.com AKERMAN LLP, Attorneys for Plaintiff / Counterdefendant BANK OF AMERICA, N.A.

          [PROPOSED] STIPULATION AND ORDER TO EXTEND DISCOVERY DEADLINES [THIRD REQUEST]

         Pursuant to Local Rules IA 6-1 and 26-4, Plaintiff/Counterdefendant BANK OF AMERICA, N.A. (“BANA”), by and through its attorneys Gerrard Cox Larsen; Defendant PALM HILLS HOMEOWNERS ASSOCIATION, INC., (“Palm Hills HOA”) by and through its attorneys Boyack Orme & Anthony; Defendant NEVADA ASSOCIATION SERVICES, INC. (“NAS”), by and thorough its attorney, Brandon E. Wood, Esq.; and Defendant/Counterclaimant VERN ELMER (“Elmer”), by and through his attorneys, Ayon Law PLLC (collectively, the “Parties”); hereby stipulate and agree, subject to approval by the Court, to extend the discovery deadline set out in the Stipulation and Order to Extend Discovery Deadlines [Second Request] dated February 9, 2018 [ECF No. 55], as further set forth herein.

         I.

         INTRODUCTION AND RELEVANT PROCEDURAL HISTORY

         On March 18, 2016, BANA filed its Complaint in this case. [ECF No. 1].

         On April 7, 2016, Palm Hills HOA filed its Answer. [ECF No. 9].

         On April 25, 2016, NAS filed its Answer. [ECF No. 14].

         On April 22, 2016, BANA served its Initial Disclosures of Witness and Documents pursuant to Fed.R.Civ.P. 26(A)(1).

         On May 17, the Parties submitted their proposed Joint Discovery Plan and Scheduling Order, and on May 18, 2016, the Court entered its Order approving the same. [ECF No. 23].

         On June 20, 2016, Elmer filed his Answer and a Counterclaim against BANA. [ECF No. 31].

         On July 27, 2016, BANA filed its Answer to the Counterclaim. [ECF No. 35].

         On August 19, 2016, the Court, sua sponte, entered its Order Temporarily Staying the Case, pending the Ninth Circuit issuing a mandate in Bourne Valley Court Tr. v. Wells Fargo Bank, NA (the "Stay Order") [ECF No. 36].

         On December 14, 2016, the Ninth Circuit issued its mandate in Bourne Valley. And on June 26, 2017, the United States Supreme Court denied the Bourne Valley petition to the United States Supreme Court for a writ of certiorari.

         On July 27, 2017, BANA filed its Motion to Lift Stay, based on the Bourne Valley appellate court rulings. [ECF No. 44].

         On September 6, 2017, this Court entered its Order Granting Motion to Lift Stay. [ECF No. 46] (the “Order Lifting Stay”). The Court's Order Lifting Stay provides that the “[t]he stay in this case is lifted for all purposes”.

         On October 16, 2017, the Court entered a Stipulation and Order to Extend Discovery Deadlines [First Request] [ECF No. 48] to reopen discovery following the Order Lifting Stay and set a new date for the close of discovery of April 9, 2018. The parties have been diligently engaged in discovery and nearly all discovery has been completed. BANA has requested an extension of discovery to allow for the answering of Elmer's discovery requests and to allow Elmer any ...


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