STIPULATION AND ORDER TO EXTEND TIME FOR DISPOSITIVE MOTION BRIEFING

(FIRST REQUEST)

GLORIA M. NAVARRO, Chief District Judge.

Wells Fargo Bank, N.A. ("Wells Fargo") and RLP-Vervain Court, LLC ("RLP-Vervain"), through their counsel of record, hereby stipulate and request an order from the Court to extend the dispositive motion briefing schedule as described herein.

On November 13, 2017 Wells Fargo filed its Motion for Summary Judgment. Currently opposition to Wells Fargo's motion is due no later than December 4, 2017, and reply in further support of the motion is due no later than December 18, 2017.

On November 22, 2017, RLP-Vervain filed its Motion for Summary Judgment. Currently opposition to RPL-Vervain's motion is due on December 13, 2017, and reply in further support of the motion is due no later than December 27, 2017.

The Ninth Circuit recently issued its decision regarding the application of 12 U.S.C. § 4617(j)(3) to Nevada HOA foreclosures and the preemption of NRS 116 for loans owned by the Federal National Mortgage Association and Federal Home Loan Mortgage Corporation ("Freddie Mac"). Berezovsky v. Moniz, 869 F.3d 923 (9th Cir. 2017). The effect of a Nevada HOA foreclosure sale is at issue in this litigation. Moreover, it is Wells Fargo's position that the mortgage loan for the property at issue is owned by Freddie Mac. Although the parties disagree as to the dispositive effect of the Berezovsky decision on this action, they agree that the issues the decision presents are complex and warrant a modest extension of time in order for them to be fully briefed. Furthermore, the parties agree that coordinating the time for Wells Fargo's and RLP-Vervain's opposition and reply papers would result in a more efficient disposition of this action.

No prior application has been made for the relief requested herein.

Accordingly, the Parties agree and respectfully request an order as follows:

IT IS SO ORDERED.