The Bank of New York Mellon v. Mesa Homeowners Association

1 Nevada Bar No. 10580 E-mail: [email protected] JACQUELINE A. GILBERT, ESQ.

Nevada Bar No. 10593 E-mail: [email protected] KAREN L. HANKS, ESQ.

4 Nevada Bar No. 9578 E-mail: [email protected] KIM GILBERT EBRON 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 Telephone: (702) 485-3300 Facsimile: (702) 485-3301 Attorneys for SFR Investments Pool 1, LLC UNITED STATES DISTRICT COURT DISTRICT OF NEVADA THE BANK OF NEW YORK MELLON FKA Case No. 2:16-cv-01239-RFB-DJA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF NOTICE OF SETTLEMENT AND THE CWALT, INC., ALTERNATIVE LOAN STIPULATION AND ORDER TO TRUST 2007-HY7C MORTGAGE PASS- EXTEND STAY OF LITIGATION THROUGH CERTIFICATES SERIES 2007- HY7C, Plaintiff, vs. MESA HOMEOWNERS ASSOCIATION; SFR INVESTMENTS POOL 1, LLC; NEVADA ASSOCIATION SERVICES, INC.; ALESSI & KOENIG, LLC, Defendants.

19 ______________________________________ SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, Counter-/Cross- Claimant, vs. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2007-HY7C MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007- HY7C; CHARLES A. MANN, an individual, 28 Counter-/Cross- Defendants.

1 PLEASE TAKE NOTICE that The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders of the CWALT, Inc., Alternative Loan Trust 2007- HY7C Mortgage Pass-Through Certificates Series 2007-HY7C (“BNYM”) and SFR Investments Pool 1, LLC (“SFR”) have reached a global settlement in principal on multiple properties, including the Property at issue in this case. The settlement will resolve all claims between BNYM and SFR.

7 Based on the confidential settlement agreement, BNYM and SFR have agreed to stay the litigation for ninety (90) days to allow the Parties to perform a condition precedent to the settlement. This will also provide an opportunity for BNYM to discuss the potential for settlement as to its claims against Mesa Homeowners Association (the “Association”).

11 Accordingly, BNYM, SFR and the Association (collectively the “Parties”) are submitting the instant Stipulation and Order seeking to extend to already existing stay of litigation in this matter.

14 Pursuant to a Minute Order in Chambers issued on October 17, 2019, this case was administratively stayed pending the result of the Nevada Supreme Court’s order of en banc reconsideration in the case Bank of America, N.A. v. Thomas Jessup, LLC Series VII. [ECF No. 63.] The Minute Order set a deadline of 30 days after the stay was lifted for refiling dispositive motions. [ECF No. 63.] The Nevada Supreme Court issued its Order of en banc reconsideration on May 7, 2020. Bank of America, N.A. v. Thomas Jessup, LLC Series VII, 462 P.3d 255 (Nev. 2020) (unpublished disposition), thereby resolving that issue. While the issuance of the Order did not automatically lift the stay in this case, in an abundance of caution, the Parties hereby stipulate to vacate the dispositive motion deadline set by the Court’s October 7, 2019, Order, and stipulate to extend the stay of litigation for ninety (90) days to allow for the parties to finalize settlement.

24 The Parties agree that the pending Motion for Judgment by Default against Charles A. Mann (ECF No. 67] should be excluded from the extension of stay so as to allow this Court to issue a ruling on said Motion.

27 The Parties further request the court set a deadline for filing a status report regarding the settlement for ninety (90) from entry of this Stipulation and Order. This request to stay is being || made in the interest of preserving judicial resources and, as set forth above, on the basis of a || material term of the Settlement Agreement.

4 DATED this 8th day of June, 2020. DATED this 8th day of June, 2020.

5 KIM GILBERT EBRON AKERMAN LLP /s/ Jacqueline A. Gilbert /s/ Holly E. Walker 6 JACQUELINE A. GILBERT, ESQ. DARREN T. BRENNER, ESQ.

Nevada Bar No. 10593 Nevada Bar No. 8386 7 7625 Dean Martin Drive, Suite 110 HOLLY E. WALKER, ESQ.

Las Vegas, Nevada 89139 Nevada Bar No. 14295 8 E-mail: [email protected] 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Attorneys for SFR Investments Pool 1, LLC E-mail: [email protected] E-mail: [email protected] 10 Attorneys for The Bank of New York Mellon FKA The Bank of New York, as Trustee for the 11 Certificateholders of the CWALT, □□□□□□ Alternative Loan Trust 2007-HY7C Mortgage 12 Pass-Through Certificates Series 2007- HY7C.

DATED this 8th day of June, 2020.

SIE LEACH KERN GRUCHOW ANDERSON 15 SONG 16 /s/ J. Tyler King SEAN L. ANDERSON, ESQ.

17 Nevada Bar No. 7259 J. TYLER KING, ESQ 18 Nevada Bar No. 14895 2525 Box Canyon Drive 19 Las Vegas, Nevada 89128 Phone: 702-538-9074 20 E-mail: sanderson@I|kglawfirm.com E-mail: tking @lkglawfirm.com Attorneys for Mesa Homeowners Association 23 ORDER 24 IT IS SO ORD D. %6 RICHARD F. WARE, II UNITED STATES DISTRICT JUDGE DATED this 9th day of June, 20207 _ 3.