SFR Investments Pool 1, LLC v. Bank of America, N.A.

1 Douglas D. Gerrard, Esq.

Nevada Bar No. 4613 [email protected] Fredrick J. Biedermann, Esq.

Nevada Bar No. 11918 [email protected] GERRARD COX LARSEN 2450 St. Rose Parkway, Suite 200 Henderson, NV 89074 Tel: (702)796-4000 Fax: (702)796-4848 Natalie L. Winslow, Esq.

Nevada Bar No. 12125 Rex D. Garner, Esq.

Nevada Bar No. 9401 AKERMAN, LLP 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Tel: (702) 634-5000 Fax: (702) 380-8572 [email protected] [email protected] Attorneys for Defendant Bank of America, N.A.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA SFR INVESTMENTS POOL 1, LLC, Case No. 2:19-cv-01534-JCM-DJA Plaintiff, vs. STIPULATION AND ORDER TO 20 CONTINUE RESPONSE DEADLINE TO BANK OF AMERICA, NA, SUCCESSOR BY SFR’S MOTION FOR MERGER TO BAC HOME LOANS RECONSIDERATION FOR ORDER SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, (FIRST REQUEST) Defendants.

26 Defendant, BANK OF AMERICA, N.A., Successor by Merger To BAC Home Loan Servicing, LP, f/k/a Countrywide Home Loans Servicing, LP (BANA), by and through its attorneys of record, the law firms of GERRARD COX LARSEN and AKERMAN LLP, and Plaintiff SFR INVESTMENTS POOL 1, LLC (SFR), by and through its attorneys of record, the law firm of KIM GILBERT EBRON file this stipulation to extend time to respond to SFR’s Motion For Reconsideration by seven (7) days. This is BANA’s first request for an extension of time to respond to SFR’s Motion For Reconsideration of Order.

1. WHEREAS, on October 3, 2019, Defendant BANA filed a Motion to Dismiss [ECF No. 9] against Plaintiff SFR, arguing that SFR’s quiet title claims were barred by a five-year statute of limitations.

9 2. WHEREAS, on October 2, 2019, SFR filed a Motion for Summary Judgment [ECF No. 13] against BANA.

3. WHEREAS, on November 14, 2019, BANA filed an Opposition to SFR’s Motion for Summary Judgment and Countermotion for Summary Judgment [ECF No. 17] (“BANA’s MSJ”) against Plaintiff SFR.

4. WHEREAS, on June 11, 2020, this Court entered an Order [ECF No. 36] granting BANA’s MSJ finding that SFR’s claims were barred by a five-year statute of limitation.

17 5. WHEREAS, on July 3, 2020, Plaintiff SFR filed its Motion for Reconsideration of Order [ECF No. 38] based on the new authority from the Nevada Supreme Court in Berberich v. Bank of Am., N.A., 136 Nev. Adv. Op. 10, 460 P.3d 440, 443 (2020).

6. The parties believe good cause exists for this request. BANA’s counsel have been either (i) presently on vacation with family and is out of state or (ii) became unexpectedly ill, preventing BANA from completing the response in time under Local Rule 7-2(b). A brief one-week extension will permit counsel to adequately prepare a response. Accordingly, the parties stipulate to extend time for BANA to file its Response to SFR’s Motion for Reconsideration up to and including July 24, 2020. / / / 1 7. This Stipulation is made in good faith and not for purpose of delay.

2 | DATED this 16" day of July, 2020. DATED this 16™ day of July, 2020. > | GERRARD COX LARSEN AKERMAN LLP /s/ Douglas D. Gerrard, Esq. Rex D. Garner, Esq. Rex D. Gar. ner, Esq.

5 || Douglas D. Gerrard, Esq. Natalie L. Winslow, Esq.

Nevada Bar No. 4613 Nevada Bar No. 12125 Fredrick J. Biedermann, Esq. Rex D. Garner, Esq. _ |Nevada Bar No. 11918 Nevada Bar No. 9401 .

2450 St. Rose Parkway, Suite 200 1635 Village Center Circle, Suite 200 g | Henderson, NV 89074 Las Vegas, Nevada 89134 □ Attorneys for Defendant Bank of America, N.A. Attorneys for Defendant Bank of America, N.A.

10 DATED this 16" day of July, 2020.

11 KIM GILBERT EBRON 3 /s/ Diana Ebron, Esq.

Diana S. Ebron, Esq.

1B Nevada Bar No. 10580 Bde Jacqueline A. Gilbert, Esq.

14 Nevada Bar No. 10593 ae 6 Karen L. Hanks, Esq.

Nevada Bar No. 9578 2 16 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 17 Attorneys for Plaintiff SFR Investments Pool 1, LLC 19 ORDER 20 IT IS HEREBY ORDERED that the above Stipulation to Continue Response Deadlir ||to SFR’s Motion for Reconsideration of Order (ECF No. 38) until July 24, 2020 is GRANTED.

22 IT IS SO ORDERED: Xe (atid 2. “Aton UNITED STATES DISTRICT JUDGE July 27, 2020 76 DATED: ~~” 1 CERTIFICATE OF SERVICE 2 I hereby certify that I am an employee of GERRARD COX LARSEN, and that on the 17th day of July, 2020 and pursuant to Fed. R. Civ. P. 5, I e-served a true and correct copy of the STIPULATION AND ORDER TO CONTINUE RESPONSE DEADLINE TO SFR’S MOTION FOR RECONSIDERATION via the Federal Courts CM/ECF Filing System, and served the following parties addressed as follows: 8 Diana S. Ebron, Esq.

Jacqueline A. Gilbert, Esq.

9 Karen Hanks, Esq.

KIM GILBERT EBRON 10 7625 Dean Martin Drive, Suite 110 Las Vegas, NV 89139 [email protected] 12 [email protected] [email protected] 13 Attorneys for Plaintiff SFR Investments Pool 1, LLC Natalie L. Winslow, Esq.

Rex D. Garner, Esq.

16 AKERMAN, LLP Email: [email protected] 17 Email: [email protected] Attorneys for Defendant 18 Bank of America, N.A.

20 /s/ Esther K. Medellin________ Esther K. Medellin, An Employee 21 Of GERRARD COX LARSEN