Bank of New York Mellon v. Foothills at MacDonald Ranch Master Association

1 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 2 NATALIE L. WINSLOW, ESQ. Nevada Bar No. 12125 3 JAMIE K. COMBS, ESQ. Nevada Bar No. 13088 4 AKERMAN LLP 1635 Village Center Circle, Suite 200 5 Las Vegas, NV 89134 Telephone: (702) 634-5000 6 Facsimile: (702) 380-8572 7 Attorneys for Plaintiff 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA [9] 10 THE BANK OF NEW YORK MELLON FKA Case No.: 2:17-cv-01195-APG-BNW THE BANK OF NEW YORK AS TRUSTEE FOR 11 THE CERTIFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 200612 OA16, MORTGAGE PASS-THROUGH NOTICE REGARDING BoNYM'S CERTIFICATES, SERIES 2006-OA16; CLAIMS AGAINST NAS, OR 13 ALTERNATIVELY, MOTION TO Plaintiff, EXTEND TIME TO RESOLVE CLAIMS [14] vs. [15] THE FOOTHILLS AT MACDONALD RANCH 16 MASTER ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; and NEVADA ASSOCIATION 17 SERVICES, INC., 18 Defendants. 19 Plaintiff The Bank of New York Mellon f/k/a The Bank of New York as Trustee For The 20 Certificateholders of CWALT, Inc., Alternative Loan Trust 2006-OA16, Mortgage Pass-Through 21 Certificates, Series 2006-OA16 (BoNYM) makes the following representations regarding its 22 intentions with regard to how it intends to resolve its claims against Nevada Association Services 23 Inc. (NAS), who remains in default.1 24 1 BoNYM filed its complaint on April 27, 2017, and served NAS by personal service with the summons and complaint on May 2, 2017. ECF No. 11. NAS failed to respond to the complaint. BoNYM filed its first [25] amended complaint on November 15, 2017, alleging claims against NAS for (1) Declaratory Judgment, (2) 26 Equitable Indemnification, and (3) Wrongful Foreclosure. ECF No. 24. BoNYM served NAS by personal service with the first amended complaint on November 16, 2017. ECF No. 26. NAS failed to respond to the 27 first amended complaint. BoNYM took default against NAS on September 20, 2018. ECF Nos. 69, 70. BoNYM filed its second amended complaint on September 21, 2018. ECF No. 111. Because BoNYM's 1 As noted in BoNYM and SFR's stipulation/joint motion to stay the litigation (ECF No. 183), 2|| BoNYM and SFR have reached a settlement agreement which will resolve the claims between BoNYM and SFR. The completion of the settlement between BONYM and SFR may impact how 4|| BoNYM intends to pursue its remaining claims against NAS. Therefore, BoNYM requests the court 5|| stay the litigation with respect to the claims against NAS as well, through June 1, 2021. BoNYM 6|| intends to resolve its claims against NAS, either through voluntary dismissal or default judgment, by 7\) June 1, 2021. 8 Alternatively, BoNYM requests a 30-day extension of time, through January 21, 2021, to 9|| take action to resolve its claims against NAS in light of the holidays to allow undersigned counsel 10}| additional time to consult with their client regarding its claims against NAS. 11 DATED December 22, 2020. = 12 AKERMAN LLP /s/ Jamie K. Combs [14] ARIEL E. STERN, ESQ. 15 Nevada Bar No. 8276 NATALIE L. WINSLOW, ESQ. 16 Nevada Bar No. 12125 JAMIE K. COMBS, ESQ. 17 Nevada Bar No. 13088 1635 Village Center Circle, Suite 200 18 Las Vegas, Nevada 89134 [19] Attorneys for Plaintiff The Bank of New York Mellon [20] 21 ORDER 221! | hereby stay the litigation with respect to the claims against NAS through June 1, 2021. 23|! Dated: December 23, 2021 24 Cy" ANDREW P. GORDON 25 UNITED STATES DISTRICT JUDGE [26] 97|| 221 F.R.D. 289, 294 (D. Mass. 2004) (second amended complaint required to be served on defaulted party pursuant to Rule 4 where the amended complaint included new and/or additional claims for relief against the 28|| defaulted party); Schneider v. Bank of Am. N.A., 2015 WL 13651208 , at *2 (E.D. Cal. Feb. 27, 2015), report and recommendation adopted, 2015 WL 13651280 (E.D. Cal. June 10, 2015) (same).