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Capital One, National Association v. SFR Investments Pool 1, LLC, 2:17-cv-00604-RFB-VCF (2018)

Court: District Court, D. Nevada Number: infdco20181108g35 Visitors: 5
Filed: Nov. 02, 2018
Latest Update: Nov. 02, 2018
Summary: JOINT MOTION TO CONTINUE SETTLEMENT CONFERENCE (FIRST REQUEST) CAM FERENBACH , Magistrate Judge . Capital One, National Association ("Capital One"); SFR Investments Pool 1, LLC ("SFR"); Anthem Country Club Community Association ("Anthem"); and the United States (collectively, the "Parties") jointly move to continue the settlement conference currently scheduled for November 14, 2018 at 10:00 a.m. In support of this motion, the Parties state as follows: 1. These consolidated cases concern a
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JOINT MOTION TO CONTINUE SETTLEMENT CONFERENCE

(FIRST REQUEST)

Capital One, National Association ("Capital One"); SFR Investments Pool 1, LLC ("SFR"); Anthem Country Club Community Association ("Anthem"); and the United States (collectively, the "Parties") jointly move to continue the settlement conference currently scheduled for November 14, 2018 at 10:00 a.m. In support of this motion, the Parties state as follows:

1. These consolidated cases concern an HOA foreclosure sale. Anthem was the foreclosing association at the sale and represents that SFR was the highest bidder.

2. The United States holds federal tax liens against the subject property.

3. Capital One alleges that it is the record beneficiary of two deeds of trust against the property that secure two loans.

4. The issues raised by the consolidated cases include, among other things, (1) the effect of the HOA sale on Capital One's deeds of trust; and (2) the relative priority of the deeds of trust and the federal tax liens.

5. Capital One recently sold one of the two loans at issue to another entity.

6. Therefore, Capital One and its counsel no longer have authority to negotiate a settlement with respect to the loan. Any settlement would require the participation of the new owner.

7. To allow the new owner to familiarize itself with the case and to participate meaningfully in settlement discussions, the Parties jointly move to reschedule the settlement conference to a date during the week of January 7, 2019.

8. The Parties also move the Court for a corresponding extension of the deadline for serving confidential settlement statements.

9. If the Parties determine prior to the week of January 7, 2019 that a settlement conference will no longer be helpful, they will so inform the Court.

IT IS HEREBY ORDERED that the settlement conference scheduled for 11-14-2018 is VACATED and RESCHEDULED to 10:00 AM, January 7, 2019. The confidential statement is due December 31, 2018 at noon.

IT IS SO ORDERED.

Source:  Leagle

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