Filed: Feb. 12, 2018
Latest Update: Feb. 12, 2018
Summary: STIPULATION AND ORDER TO STAY CASE PENDING SETTLEMENT NEGOTIATIONS (SECOND REQUEST) JAMES C. MAHAN , District Judge . Defendant LV Real Estate Strategic Investment Group, LLC Series 5112 (hereinafter "LV Real Estate"), Defendant Pueblo at Santa Fe Condominium Association, Inc. ("HOA") and Plaintiff/Counter-Defendant, Residential Credit Solutions, Inc. (hereinafter "RCS"), (collectively, the "Parties"), by and through their respective counsels of record, hereby submit the following Stipulati
Summary: STIPULATION AND ORDER TO STAY CASE PENDING SETTLEMENT NEGOTIATIONS (SECOND REQUEST) JAMES C. MAHAN , District Judge . Defendant LV Real Estate Strategic Investment Group, LLC Series 5112 (hereinafter "LV Real Estate"), Defendant Pueblo at Santa Fe Condominium Association, Inc. ("HOA") and Plaintiff/Counter-Defendant, Residential Credit Solutions, Inc. (hereinafter "RCS"), (collectively, the "Parties"), by and through their respective counsels of record, hereby submit the following Stipulatio..
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STIPULATION AND ORDER TO STAY CASE PENDING SETTLEMENT NEGOTIATIONS (SECOND REQUEST)
JAMES C. MAHAN, District Judge.
Defendant LV Real Estate Strategic Investment Group, LLC Series 5112 (hereinafter "LV Real Estate"), Defendant Pueblo at Santa Fe Condominium Association, Inc. ("HOA") and Plaintiff/Counter-Defendant, Residential Credit Solutions, Inc. (hereinafter "RCS"), (collectively, the "Parties"), by and through their respective counsels of record, hereby submit the following Stipulation and Order to extend the deadline for filing oppositions to pending dispositive motions.
WHEREAS, on December 28, 2017, RCS filed its Motion for Summary Judgment. ECF No. 56.
WHEREAS, on December 28, 2017, the HOA filed its Motion for Summary Judgment. ECF No. 57.
WHEREAS, on January 17, 2018, the parties filed a Stipulation to Stay this litigation based on: (1) LV Real Estate's and the HOA's belief that the certified question in Nevada Supreme Court Case No. 72931 may have an impact on the applicability of Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 (9th Cir. 2016); and (2) the parties' continued settlement negotiations. ECF No. 60.
WHEREAS, on February 2, 2018, the Court entered an Order denying the Stipulation on the grounds that it did not adequately demonstrate that a ruling on the certified question will impact this litigation. ECF No. 61. The Order was silent on the parties' request in the Stipulation for a stay of litigation while the parties continue their settlement negotiations. Id.
WHEREAS, the parties still seek a stay of the litigation as they are involved in settlement negotiations and reasonably believe that this action will be globally resolved through settlement.
WHEREAS the parties seek to reduce their respective litigation fees and costs, including those fees and costs associated with further dispositive motion briefing (ECF Nos. 56 and 57), and conserve both the parties' and the Court's time and resources pending settlement negotiations.
WHEREFORE, based on the foregoing,
IT IS HEREBY STIPULATED AND AGREED that this case should be stayed pending the parties' continued settlement negotiations.
IT IS FURTHER STIPULATED AND AGREED that the stay may be lifted by further stipulation of the parties or by motion.
IT IS SO STIPULATED.
ORDER
IT IS SO ORDERED.
