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Salomon v. Federal National Mortgage Association, 2:14-cv-02225-MMD-PAL. (2017)

Court: District Court, D. Nevada Number: infdco20170130a10 Visitors: 26
Filed: Jan. 27, 2017
Latest Update: Jan. 27, 2017
Summary: [PROPOSED] SCHEDULING ORDER PEGGY A. LEEN , Magistrate Judge . 1. On January 19, 2016, this Court issued an Order lifting the stay imposed pending the Ninth Circuit's issuance of its mandate in Bourne Valley Court Trust v. Wells Fargo Bank, NA, No. 15-15233, 832 F.3d 1154 (9 th Cir. 2016) (ECF No. 73), and ordered the parties to submit a proposed scheduling order by January 25, 2017. 2. Accordingly, Plaintiff/Counter-Defendant Rick Salomon, Defendant/ Counterclaimant Federal National
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[PROPOSED] SCHEDULING ORDER

1. On January 19, 2016, this Court issued an Order lifting the stay imposed pending the Ninth Circuit's issuance of its mandate in Bourne Valley Court Trust v. Wells Fargo Bank, NA, No. 15-15233, 832 F.3d 1154 (9th Cir. 2016) (ECF No. 73), and ordered the parties to submit a proposed scheduling order by January 25, 2017.

2. Accordingly, Plaintiff/Counter-Defendant Rick Salomon, Defendant/ Counterclaimant Federal National Mortgage Association ("Fannie Mae"), Intervenor Federal Housing Finance Agency ("FHFA") and Counter-Defendant Bacara Ridge Association ("Bacara"), (collectively, "the Parties"), have conferred and have reached a mutually agreed upon resolution as to how to proceed in this case.

3. The Parties propose that the Court issue a scheduling order permitting them to file a motion for summary judgment addressing Bourne Valley's dispositive effect on this case no later than March 8, 2017. The parties further propose that any opposition to the motion for summary judgment be filed no later than April 7, 2017, and that any reply be filed by April 28, 2017.

4. The Parties further propose that all discovery be stayed, and that all other issues be deferred, including FHFA's and Fannie Mae's arguments under the Housing and Economic Recovery Act ("HERA"), 12 U.S.C. § 4617(j)(3), pending a decision on the motion for summary judgment.

5. Counter-Defendant Bacara takes no position with respect to the schedule proposed herein and intends to negotiate a stipulated disclaimer of interest

CONCLUSION

For the foregoing reasons, the Parties submit this proposed Scheduling Order for the Court's consideration.

ORDER

IT IS SO ORDERED.

Source:  Leagle

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