Filed: Aug. 22, 2017
Latest Update: Aug. 22, 2017
Summary: STIPULATION AND ORDER TO EXTEND SCHEDULED DEADLINE TO AMEND PLEADINGS AND ADD PARTIES. RICHARD F. BOULWARE, II , District Judge . Plaintiff/Counter-Defendant Hollyvale Rental Holdings, LLC ("Plaintiff"), by and through its counsel of record, Hutchison & Steffen, PLLC, and Defendant/Counter-Claimant Federal National Mortgage Association, pursuant to LR 26-4, hereby stipulate and represent as follows: 1. This case was initially filed in the Eighth Judicial District, State of Nevada on or abo
Summary: STIPULATION AND ORDER TO EXTEND SCHEDULED DEADLINE TO AMEND PLEADINGS AND ADD PARTIES. RICHARD F. BOULWARE, II , District Judge . Plaintiff/Counter-Defendant Hollyvale Rental Holdings, LLC ("Plaintiff"), by and through its counsel of record, Hutchison & Steffen, PLLC, and Defendant/Counter-Claimant Federal National Mortgage Association, pursuant to LR 26-4, hereby stipulate and represent as follows: 1. This case was initially filed in the Eighth Judicial District, State of Nevada on or abou..
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STIPULATION AND ORDER TO EXTEND SCHEDULED DEADLINE TO AMEND PLEADINGS AND ADD PARTIES.
RICHARD F. BOULWARE, II, District Judge.
Plaintiff/Counter-Defendant Hollyvale Rental Holdings, LLC ("Plaintiff"), by and through its counsel of record, Hutchison & Steffen, PLLC, and Defendant/Counter-Claimant Federal National Mortgage Association, pursuant to LR 26-4, hereby stipulate and represent as follows:
1. This case was initially filed in the Eighth Judicial District, State of Nevada on or about November 22, 2016. See ECF No. 1.
2. On or about December 14, 2016 Federal National Mortgage Association ("FNMA") filed a petition for removal. See ECF No. 1.
3. On or about February 22, 2017, the Court entered a scheduling order establishing the deadline to amend pleadings and add a party as July 3, 2017.
4. On or about April 21, 2017 the parties submitted a stipulation and order to stay the litigation pending the outcome of the appeal of Bourne Valley Court Tr. v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016), as the parties believed this appeal had direct impact on the instant matter.
5. The parties were under the impression that the order attached to the stipulation had been entered, however, it appears that the order was never signed.
6. The parties have resumed discovery, and in so doing, have determined that there are additional parties who must be added to the case.
7. Therefore, the parties request that this Court extend the deadline to amend pleadings and add parties to five judicial days after the entry of an order on this stipulation.
8. The parties believe that excusable neglect exists as all parties were under the impression the case was stayed. But for this error, the parties would have amended their pleadings in a timely manner.
9. The Parties have completed some discovery, have exchanged initial disclosures and begun written discovery.
10. The parties believe that some additional written discovery will follow, as well as some deposition testimony.
11. Quality Loan Service Corporation executes this only in the interest of caution, under protest, and as a professional courtesy. It is QLS's position that they have been exited from this litigation. NRS 107.029 (discussing a foreclosure trustee's substantive right in the state of Nevada to take non-monetary status by filing a declaration and thereafter be absolved from money damages and attorney's fees); Erie R.R. v. Tompkins 304 U.S. 64 (1938); also Hanna v. Plumer 380 U.S. 460 (1965)(discussing the outcome determinative test and substantive state rights in Federal Court); Cuprite Mine Partners LLC v. Anderson 809 F.3d 548 (9th Cir. 2015)(discussing the outcome determinative test in the 9th Circuit in regards to whether or not applying a state statute would significantly alter the litigation).
Wherefore, the parties undersigned parties stipulate and request that this Court enter an order extending the deadline to amend pleadings and add parties to five judicial days after the entry of an order on this stipulation.
IT IS SO ORDERED pursuant to LR 26-4 that the deadline to amend pleadings and add parties in this matter shall be extended to five judicial days form the entry of this order.
