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Bank of America, N.A. v. Los Prados Community Association; Inc.

United States District Court, D. Nevada

May 31, 2019

BANK OF AMERICA, N.A. Plaintiff,
v.
LOS PRADOS COMMUNITY ASSOCIATION; INC.; SATICOY BAY LLC SERIES 5328 LOCHMOR; and NEVADA ASSOCIATION SERVICES, INC., Defendants. SATICOY BAY LLC SERIES 5328 LOCHMOR, Counterclaimant,
v.
BANK OF AMERICA, N.A., Counterdefendant.

          MICHAEL F. BOHN, ESQ. Nevada Bar No.: 1641, NIKOLL NIKCI, ESQ. Nevada Bar No.: 10699 LAW OFFICES OF MICHAEL F. BOHN, ESQ., LTD. Attorney for defendant Saticoy Bay LLC 5328 Lochmor

          Jamie Combs, Esq Attorney for plaintiff

          Adam R. Knecht, Esq Las Vegas, NV 89149 Attorney for defendant Los Prados Community Association

          JOINT MOTION TO EXTEND THE DISPOSITIVE MOTION DEADLINE

          BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE

         Defendant Saticoy Bay LLC Series 5328 Lochmor, by and through its attorney, Michael F. Bohn, Esq., and plaintiff Bank of America, N.A., its attorney, Jamie Combs, Esq., and defendant Los Prados Community Association, by and through its attorney, Adam R. Knecht, Esq., jointly move this court to move the dispositive motion deadline for a period of 30 days because the plaintiffs motion to amend the complaint has not been ruled upon by the court. This motion is based on the points and authorities contained herein.

         PROCEDURAL HISTORY

         This is one of the many disputes over the effect of a non-judicial foreclosure sale conducted pursuant to NRS Chapter 116.

         Plaintiff filed its complaint on April 22, 2016 (ECF NO. 1).

         Plaintiff's complaint was filed to obtain an order from this court that its first deed of trust was not extinguished by the HOA foreclosure sale. Plaintiff asserted a number of arguments to support its position, but it did not allege the federal government had an interest in the first deed of trust in the initial complaint.

         A scheduling order was entered on July 6, 2016 (ECF No. 17). Discovery cut off was scheduled for November 7, 2016.

         This case was stayed on September 13, 2016. (ECF 20)

         The stay was lifted on September 17, 2018 (ECF No. 32).

         The parties stipulated to a new scheduling order on November 2, 2018 (ECF No. 36). The date for the parties to file dispositive motions is May 30, 2019.

         Plaintiff filed its motion for leave to amend on February 14, 2019 (ECF NO. 37). The plaintiffs proposed amended complaint seeks to add a claim that the deed of trust in question was owned by Fannie Mae at the time of the HOA foreclosure sale. Defendant Saticoy Bay opposed ...


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