The Bank of New York Mellon v. Stone Canyon West Homeowners Association et al, No. 2:2016cv01904 - Document 74 (D. Nev. 2018)

Court Description: ORDER granting 73 Stipulation re Notices of Rule 30(b)(6); Signed by Magistrate Judge Carl W. Hoffman on 4/4/2018. (Copies have been distributed pursuant to the NEF - JM)
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The Bank of New York Mellon v. Stone Canyon West Homeowners Association et al Doc. 74 Case 2:16-cv-01904-GMN-CWH Document 73 Filed 03/30/18 Page 1 of 6 1 2 3 4 5 6 7 8 MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 THERA A. COOPER, ESQ. Nevada Bar No. 13468 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: melanie.morgan@akerman.com Email: thera.cooper@akerman.com Attorneys for The Bank of New York Mellon f/k/a The Bank of New York, as Successor in Interest to JPMorgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR6, Mortgage Pass-Through Certificates, Series 2006-AR6, Nationstar Mortgage LLC, and Bank of America, N.A. 9 UNITED STATES DISTRICT COURT AKERMAN LLP 1635 Village Center Circle, Suite 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 DISTRICT OF NEVADA 11 12 13 14 15 16 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2006-AR6, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006AR6, Plaintiff, 17 18 19 20 vs. STONE CANYON WEST HOMEOWNERS ASSOCIATION and SFR INVESTMENTS POOL 1, LLC, Case No.: 2:16-cv-01904-GMN-CWH STIPULATION AND ORDER RE: NOTICES OF RULE 30(b)(6) DEPOSITIONS OF THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2006-AR6, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR6 AND NATIONSTAR MORTGAGE LLC Defendants. 21 22 23 24 25 26 27 28 1 44297698;1 Dockets.Justia.com Case 2:16-cv-01904-GMN-CWH Document 73 Filed 03/30/18 Page 2 of 6 1 2 SFR INVESTMENTS POOL 1, LLC, LLC, a Nevada limited liability company, Counter/Cross Claimant, 3 4 vs. 9 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2006-AR6, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006AR6; NATIONSTAR MORTGAGE LLC; BANK OF AMERICA, N.A., a national banking association; JUAN A. CHACON, an individual, 10 Counter/Cross Defendants. 5 6 7 AKERMAN LLP 1635 Village Center Circle, Suite 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 8 11 12 STONE CANYON WEST HOMEOWNERS ASSOCIATION, 13 Third Party Plaintiff, 14 vs. 15 NEVADA ASSOCIATION SERVICES, INC. 16 Third Party Defendant. 17 18 Plaintiff and counter- and cross-defendant Bank of New York Mellon f/k/a The Bank of New 19 York, as Successor in Interest to JPMorgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage 20 Investments II Trust 2006-AR6 (BNYM) and defendant and counter- and cross-claimant SFR 21 Investments Pool 1, LLC (SFR) stipulate as follows: 1. 22 23 February 5, 2018. The deposition is scheduled for April 4, 2018. 2. 24 25 SFR served a notice of Rule 30(b)(6) deposition continuing 13 topics on BNYM on SFR served a notice of Rule 30(b)(6) deposition continuing 13 topics on Nationstar on February 5, 2018. The deposition is scheduled for April 4, 2018. 3. 26 SFR served a substantially similar notice of Rule 30(b)(6) deposition on Bank of 27 America, N.A. (BANA) in Bank of Am., N.A. v. Falcon Pointe Ass'n et al, D. Nev. Case. No. 2:16-cv- 28 00814-GMN-CWH, last December. BANA initially disputed seven of the thirteen noticed topics: (1) 2 44297698;1 Case 2:16-cv-01904-GMN-CWH Document 73 Filed 03/30/18 Page 3 of 6 information concerning what investigation, if any, BANA made into title or encumbrances before 3 acquiring an interest in the deed of trust; (3) topic 7, which seeks information concerning what 4 investigation, if any, BANA made into title or encumbrances before the HOA's foreclosure sale; (4) 5 topic 8, which seeks information concerning BANA's acquisition of its interest in the note and deed of 6 trust; (5) topic 9, which seeks information concerning BANA's "knowledge regarding creation, 7 execution and recording" of the recorded assignment(s); (6) topic 11, which seeks information 8 concerning BANA's communications with its "predecessor in interest" regarding the HOA's CC&Rs 9 "and title or encumbrances;" and (7) topic 12, which seeks information concerning "[a]l facts and 10 AKERMAN LLP topic 5, which seeks information concerning BANA's alleged damages; (2) topic 6, which seeks 2 1635 Village Center Circle, Suite 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 1 circumstances in which [BANA] contend[s] that [the HOA] and its foreclosure agent failed to comply" 11 with NRS chapter 116 in conducting the foreclosure sale (collectively, the disputed topics). 12 4. BNYM, Nationstar and SFR met and conferred concerning the disputed topics pursuant 13 to L.R. 26-7 in connection SFR's deposition notice in Falcon Pointe. SFR agreed to limit or withdraw 14 four of the seven disputed topics based on the meet and confer. To avoid unnecessary fees and costs, 15 BNYM, Nationstar and SFR stipulate to apply the agreement reached in the Falcon Pointe meet and 16 confer to SFR's notice of deposition in this case as set forth below: 17 18 a. that revealed Stone Canyon West Homeowners Association's lien. 19 20 Topic 6: SFR's inquiry into topic 6 shall be limited to investigations into title b. Topic 7: SFR's inquiry into topic 7 shall be limited to investigations into title that revealed Stone Canyon West Homeowners Association's lien. 21 c. Topic 11: SFR's inquiry into topic 11 shall be limited to communications 22 between BNYM and its "predecessor in interest" regarding Stone Canyon West Homeowners 23 Association's foreclosure notices, CC&Rs and lien. 24 d. Topic 12: SFR has already or will seek the information it seeks to obtain through 25 deposition topic 12 via an interrogatory. BNYM and Nationstar agree to substantively respond to SFR's 26 interrogatory subject to any written objections. SFR will withdraw deposition topic 12 when BNYM 27 serves its interrogatory response. 28 5. BANA and SFR were unable to resolve their dispute concerning the remaining three 3 44297698;1 Case 2:16-cv-01904-GMN-CWH Document 73 Filed 03/30/18 Page 4 of 6 1 disputed topics (i.e., topics 5, 8 and 9) during their Falcon Pointe meet and confer but, to avoid litigation 2 costs and unnecessarily burdening the Court with substantially-similar motions for protective order, 3 agreed BANA would file only one motion per judicial combination (e.g., BANA would file a motion in 4 Falcon Pointe, but would not file one in other cases assigned to Judges Navarro and Hoffman in which 5 SFR served a deposition notice on BANA containing these same three topics), and the parties will apply 6 the Court's ruling in other similarly-situated cases. BANA moved for a protective order in Falcon Pointe 7 on January 24, 2018. The motion remains pending. 8 6. Pursuant to the agreement reached in the Falcon Pointe meet and confer, BNYM and AKERMAN LLP SFR agree the Court's order on BANA's motion for protective order in Falcon Pointe, D. Nev. Case No. 10 1635 Village Center Circle, Suite 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 9 2:16-cv-00814, ECF No. 93, shall apply to SFR's notice of deposition in this case. SFR further stipulates 11 BNYM's deposition in this case is stayed as to all topics pending the Court's ruling on BANA's motion 12 for protective order in Falcon Pointe. SFR and BNYM will confer about a mutually-agreeable 13 deposition date once an order enters in Falcon Pointe. 14 … 15 … 16 … 17 … 18 … 19 … 20 … 21 … 22 … 23 … 24 … 25 … 26 … 27 … 28 … 4 44297698;1 Case 2:16-cv-01904-GMN-CWH Document 73 Filed 03/30/18 Page 5 of 6 1 2 7. BNYM, Nationstar, and SFR jointly request the Court approve this stipulation as an order of the Court. 3 Dated this 30th day of March, 2018. Dated this 30th day of March, 2018. 4 AKERMAN LLP KIM GILBERT EBRON 5 /s/ Thera A. Cooper MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 THERA A. COOPER, ESQ. Nevada Bar No. 11015 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 /s/ Diana S. Ebron DIANA S. EBRON, ESQ. Nevada Bar No. 10580 JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 KAREN L. HANKS, ESQ. Nevada Bar No. 9578 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 6 7 8 9 AKERMAN LLP 1635 Village Center Circle, Suite 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 12 13 Attorneys for The Bank of New York Mellon f/k/a The Bank of New York, as Successor in Interest to JPMorgan Chase Bank, N.A., as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR6, Mortgage Pass-Through Certificates, Series 2006-AR6, Nationstar Mortgage LLC, and Bank of America, N.A. Attorneys for counter- and cross-claimant SFR Investments Pool 1, LLC 14 IT IS SO ORDERED. 15 ______________________________________ UNITED STATES MAGISTRATE JUDGE 16 April 4, 2018 DATED:_______________________________ 17 18 19 20 21 22 23 24 25 26 27 28 5 44297698;1 Case 2:16-cv-01904-GMN-CWH Document 73 Filed 03/30/18 Page 6 of 6 1 CERTIFICATE OF SERVICE 2 I HEREBY CERTIFY that I am an employee of Akerman LLP, and that on this 30th day of 3 March, 2018, service of the foregoing STIPULATION AND ORDER RE: NOTICE OF RULE 4 30(b)(6) DEPOSITION OF THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW 5 YORK, AS SUCCESSOR IN INTEREST TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE 6 FOR 7 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR6, was made pursuant to 8 FRCP 5(b) and electronically transmitted to the Clerk's Office using the CM/ECF system for filing and 9 transmittal to all interested parties: STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST AKERMAN LLP 1635 Village Center Circle, Suite 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 13 Jared P. Green, Esq. Dylan P. Todd, Esq. MCCORMICK BARSTOW LLP 8337 W. Sunset Road, Suite 350 Las Vegas, NV 89113 14 Attorneys for Stone Canyon West Homeowners Association 11 12 15 16 17 18 19 20 Diana S. Ebron, Esq. Howard C. Kim, Esq. Karen L. Hanks, Esq. KIM GILBERT EBRON 7625 Dean Martin Drive, Suite 110 Las Vegas, NV 89139 Attorneys for SFR Investments Pool 1, LLC 21 /s/ Erin Surguy An Employee of Akerman LLP 22 23 24 25 26 27 28 6 44297698;1 2006-AR6,