United States District Court, D. Nevada
WRIGHT LAW GROUP, P.C. JOHN HENRY WRIGHT, ESQ. Nevada Bar No.
6182 CHRISTOPHER B. PHILLIPS, ESQ. Nevada Bar No. 14600
Attorneys for Defendant VEGAS PROPERTY SERVICES, LLC
WRIGHT, FINLAY & ZAK, LLP DANA JONATHON NITZ, ESQ. Nevada
Bar No. 0050 CHRISTINA V. MILLER, ESQ. Nevada Bar No. 12448
Attorneys for Plaintiffs, FEDERAL NATIONAL HOME LOAN MORTGAGE
AND ORDER TO ALLOW DEFENDANT VEGAS PROPERTY SERVICES, INC. TO
AMEND ANSWER AND COUNTERCLAIM AGAINST PLAINTIFF, FEDERAL
NATIONAL MORTGAGE ASSOCIATION AND STIPULATION AND ORDER TO
ALLOW PLAINTIFF FEDERAL NAT IONAL MORTGAGE ASSOCIATION
ADDITIONAL TIME TO RESPOND TO VEGAS PROPERTY SERVICES,
INC.'S REQUEST FOR DISCOVERY PURSUANT TO FRCP 56(d) AND
VEGAS PROPERTY SERVICES, INC'S OPPOSITION TO FEDERAL
NATIONAL MORTGAGE ASSOCIATION'S COUNTER-MOTION FOR
to LR 6-1, Plaintiff FEDERAL NATIONAL MORTGAGE ASSOCIATION
and Defendant VEGAS PROPERTY SERVICES, INC, by and through
their respective counsel of record, hereby agree and
stipulate as follows:
HEREBY AGREED AND STIPULATED that Defendant VEGAS PROPERTY
SERVICES, LLC may amend second amended answer [ECF # 40] in
order to add a counter-claim against Plaintiff, Federal
National Mortgage Association.
current counsel was retained after Defendant's original
answer [ECF # 20] was filed, and Defendant's prior
counsel did not assert any such counter-claim. For the
convenience of the parties and witnesses, and in order to
maximize judicial economy and avoid duplicative litigation,
the parties agree to allow Defendant to amend its answer and
assert said counter-claim against Federal National Mortgage
Association. This request is made in good faith, and not for
the purposes of delay.
proposed amended answer and counter-claim is attached hereto
as Exhibit A.
FURTHER STIPULATED AND AGREED that Plaintiff Federal National
Mortgage Association shall have up to, and including, May 11,
2018 to file its response(s) to Vegas Property Service,
Inc.'s request for discovery pursuant to FRCP 56(d) [ECF
# 49] and Vegas Property Service, Inc.'s opposition to
Federal National Mortgage Association's Countermotion for
Summary Judgment [ECF #50]. This request is made in good
faith, and not for the purposes of delay.
FURTHER STIPULATED AND AGREED that this stipulation shall
have no preclusive effect on either dispositive motion
currently pending in this matter, namely: Vegas Property
Service, Inc's Motion to Dismiss Federal National
Mortgage Association's First Amended Complaint [ECF #
36]; and Federal National Mortgage Association's
Countermotion for Summary Judgment [ECF # 41].
VEGAS PROPERTY SERVICE, INC'S THIRD AMENDED ANSWER,
CROSS-CLAIM, and COUNTER-CLAIM
NOW Defendant VEGAS PROPERTY SERVICES, INC.,
(“Vegas”) by and through its attorney of record,
JOHN HENRY WRIGHT, ESQ., of THE WRIGHT LAW GROUP, P.C., and
hereby submits its Third Amended Answer to Plaintiff FEDERAL
NATIONAL MORTGAGE ASSOCIATION'S Complaint [ECF # 1] filed
on June 29, 2017 as follows:
VEGAS admits the allegations contained in paragraphs 9, 11,
57, 123, and 133 of the Complaint.
VEGAS denies the allegations contained in paragraphs 88, 89,
90, 99, 100, 101, 102, 103, 104, 116, 117, 118, 119, 125,
126, 127, 128, 134, 135, 136, 137, 143, 144, 145, 146, 148,
150, 151, 152, 153, 154, and 155 of the Complaint.
VEGAS is without knowledge or information sufficient to form
a belief as to the truth of the allegations contained in
paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 10, 12, 13, 15, 16, 17,
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32,
33, 34, 35, 36, 37, 38, 39, 40, 58, 59, 60, 61, 62, 63, 64,
65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79,
80, 81, 82, 83, 84, 85, 86, 87, 91, 92, 93, 94, 95, 98, 107,
108, 109, 110, 111, 112, 113, 114, 115, 121, 122, 124, 130,
131, 132, 139, 140, 141, 142, and 149 of the Complaint.
answering paragraph 14 of the complaint, Vegas admits that it
is a domestic business entity formed pursuant to and
conducting business subject to the laws of the State of
Nevada and that a substantial part of the events or omissions
giving rise to the claims occurred in this District, but is
without sufficient information or knowledge to form a belief
as to the truth or falsity of the remaining allegations
contained therein and therefore denies said allegations.
answering paragraph 96 of Plaintiff's complaint, Vegas
denies the allegation that it “knew that Plaintiff
would rely on the Mortgage Protection Clause contained in the
recorded CC&Rs which are of public record, and knew that
Plaintiff, or its predecessors, agents, servicers, or
trustees, would not know that HOA was foreclosing on
super-priority amounts because of the failure of HOA and HOA
trustee to provide such notice” and is without
sufficient information or knowledge to form a belief as to
the truth or falsity of the remaining allegations contained
therein and therefore denies said allegations.
answering paragraph 97 of Plaintiff's complaint, Vegas
denies the allegation that “defendant's knew that
prospective bidders would be less likely to attend the HOA
sale because the public at large believed that Plaintiff was
protected under the Mortgage Protection Clause in the
CC&Rs of public record, and that the public at large did
not receive notice, constructive or actual, that the HOA was
foreclosing on a super-priority portion of its lien because
HOA and HOA Trustee improperly failed to provide such
notice” and is without sufficient information or
knowledge to form a belief as to the truth or falsity of the
remaining allegations contained therein and therefore denies
the remaining allegations.
answering paragraphs 106, 120, 129, 138, and 147 of the
Complaint, VEGAS reasserts each and every previous response
to each repeated allegation.
and every other allegation in the Complaint not specifically
admitted or denied herein is denied.
Vegas offers no responses to paragraphs 41-56 and 107 as
Plaintiff's complaint omits paragraphs 41-56 and 105
complaint, in whole or in part, fails to state a claim
against Vegas for which relief can be granted.
material times, Vegas acted in good faith and exercised its
lawful rights in dealing with Plaintiff.
claims are barred by its own failure to deal in good faith
and deal fairly with Vegas.
is estopped from bringing this action.
has failed to satisfy conditions precedent to further
performance of any legal obligations of Vegas.
has failed to comply with appropriate state and federal laws.
has failed to exhaust all administrative and contractual
remedies before commencing litigation.
has failed to mitigate its damages, if any.
has failed to join all parties necessary for just
adjudication of the claims at issue in this action.
claims are barred by reason of illegality.
damages, if any were caused by economic and other conditions
that were beyond the control of Vegas.
claims are barred in that it acquiesced in or consented to