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Federal National Mortgage Association v. Vegas Property Services, Inc.

United States District Court, D. Nevada

May 3, 2018

FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff,
v.
VEGAS PROPERTY SERVICES, INC., a Nevada corporation; OPULENCE CONDOMINIUM ASSOCIATION, a Nevada non-profit corporation, Defendants.

          THE 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 ASSOCIATION

         STIPULATION 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 SUMMARY JUDGMENT

         Pursuant 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:

         IT IS 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.

         Defendant's 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.

         Defendant's proposed amended answer and counter-claim is attached hereto as Exhibit A.

         IT IS 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.

         IT IS 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].

         ORDER

         IT IS SO ORDERED..

         DEFENDANT VEGAS PROPERTY SERVICE, INC'S THIRD AMENDED ANSWER, CROSS-CLAIM, and COUNTER-CLAIM

         COMES 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:

         1. VEGAS admits the allegations contained in paragraphs 9, 11, 57, 123, and 133 of the Complaint.

         2. 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.

         3. 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.

         4. In 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.

         5. In 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.

         6. In 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.

         7. In answering paragraphs 106, 120, 129, 138, and 147 of the Complaint, VEGAS reasserts each and every previous response to each repeated allegation.

         8. Each and every other allegation in the Complaint not specifically admitted or denied herein is denied.

         9. Vegas offers no responses to paragraphs 41-56 and 107 as Plaintiff's complaint omits paragraphs 41-56 and 105 without explanation.

         AFFIRMATIVE DEFENSES

         FIRST DEFENSE

         Plaintiff's complaint, in whole or in part, fails to state a claim against Vegas for which relief can be granted.

         SECOND DEFENSE

         At all material times, Vegas acted in good faith and exercised its lawful rights in dealing with Plaintiff.

         THIRD DEFENSE

         Plaintiff's claims are barred by its own failure to deal in good faith and deal fairly with Vegas.

         FOURTH DEFENSE

         Plaintiff is estopped from bringing this action.

         FIFTH DEFENSE

         Plaintiff has failed to satisfy conditions precedent to further performance of any legal obligations of Vegas.

         SIXTH DEFENSE

         Plaintiff has failed to comply with appropriate state and federal laws.

         SEVENTH DEFENSE

         Plaintiff has failed to exhaust all administrative and contractual remedies before commencing litigation.

         EIGHTH DEFENSE

         Plaintiff has failed to mitigate its damages, if any.

         NINTH DEFENSE

         Plaintiff has failed to join all parties necessary for just adjudication of the claims at issue in this action.

         TENTH DEFENSE

         Plaintiff's claims are barred by reason of illegality.

         ELEVENTH DEFENSE

         Plaintiff's damages, if any were caused by economic and other conditions that were beyond the control of Vegas.

         TWELFTH DEFENSE

         Plaintiff's claims are barred in that it acquiesced in or consented to ...


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