Teal Petals St Trust v. NewRez LLC

1 ARIEL STERN, ESQ.

Nevada Bar No. 8276 NATALIE L. WINSLOW, ESQ.

Nevada Bar No. 12125 PAIGE L. MAGASTER, ESQ.

Nevada Bar No. 15557 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: [email protected] Email: [email protected] Email: [email protected] Attorneys for NewRez LLC f/k/a New Penn Financial d/b/a Shellpoint Mortgage Servicing 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA TEAL PETALS ST TRUST, Case No.: 2:22-cv-00395-JAD-DJA 13 Plaintiff, vs. STIPULATION AND ORDER TO LIFT 14 DISCOVERY STAY AND EXTEND NEWREZ LLC f/k/a NEW PENN FINANCIAL DISCOVERY DEADLINES d/b/a SHELLPOINT MORTGAGE SERVICING; a foreign limited liability company; and DOE individuals I through XX; and ROE CORPORATIONS I through XX, Defendants.

19 NEWREZ LLC f/k/a NEW PENN FINANCIAL d/b/a SHELLPOINT MORTGAGE SERVICING, 21 Counter-claimant, vs. TEAL PETALS ST TRUST; DOES I through X, inclusive; and ROE CORPORATIONS I through X, inclusive, Counter-defendants.

26 Teal Petals St Trust and NewRez LLC f/k/a New Penn Financial d/b/a Shellpoint Mortgage Servicing, stipulate as follows: 1 1. The Court entered an order staying discovery deadlines pending the outcome of a pending 2 chapter 11 bankruptcy case involving the property located at 9863 Dublin Valley Street 3 Las Vegas, NV 89178, on August 31, 2022. ECF No. 19.

4 2. The bankruptcy court has annulled the automatic stay in the pending chapter 11 5 bankruptcy matter, Case No. 22-12180. A true and correct copy of the order annulling 6 automatic stay is attached hereto as Exhibit A.

7 3. The parties request the Court lift the discovery stay because the extraordinary 8 circumstances making a stay appropriate no longer exist. See Kor Media Group, LLC v. 9 Green, 294 F.R.D. 579, 581 (D. Nev. 2013).

10 4. The parties have not conducted any discovery to date as a result of the discovery stay, 11 except that Shellpoint served its initial disclosures on April 7, 2022. The parties still need 12 to complete written discovery, Rule 30(b)(6) depositions, expert disclosures and 13 depositions, and any other additional discovery for which the need may arise.

14 5. Since the discovery deadlines set forth in the Court's scheduling order, ECF No. 14, have 15 already passed, good cause exists to extend the discovery deadlines as follows: 16 a. Discovery Cut Off: August 31, 2023 17 b. Motions to Amend Pleadings or Add Parties: June 2, 2023 18 c. Initial Expert Disclosures: July 3, 2023 19 d. Rebuttal Expert Disclosures: August 2, 2023 / / / / / / / / / / / / / / / / / / / / / / / / 1 e. Dispositive Motions: October 2, 2023 2 f. Pre-Trial Order: November 1, 2023 4 DATED this 1“ day of March, 2023.

5 AKERMAN LLP ROGER P. CROTEAU & ASSOCIATES, LTD 6 /s/ Paige L. Magaster /s/ Christopher L. Benner ARIEL E. STERN, ESQ. ROGER P. CROTEAU, ESQ.

7 Nevada Bar No. 8276 Nevada Bar No. 4958 NATALIE L. WINSLOW, ESQ. CHRISTOPHER L. BENNER, ESQ.

8 Nevada Bar No. 12125 Nevada Bar No. 8963 PAIGE L. MAGASTER, ESQ. 2810 W. Charleston Boulevard, Suite 75 9 Nevada Bar No. 15557 Las Vegas, NV 89102 1635 Village Center Circle, Suite 200 10 Las Vegas, NV 89134 Attorneys for Teal Petals St Trust 11 Attorneys for NewRez LLC f/k/a New Penn Financial d/b/a Shellpoint Mortgage 12 Servicing fy

1. || ITISSO ORDERED. ) O A\ AX) | AY 16 SAY (YO UNITED STATES\MAGISTRATE JUDGE 17 Case No.: 2:22-cv-00395-JAD-DJA

1 INDEX OF EXHIBITS Exhibit A Order Annulling Automatic Stay EXHIBIT A

Order Annulling Automatic Stay

EXHIBIT A SS Sy R (ny Dd

1 Honorable Mike K. Nakagawa ally ; 5 United States Bankruptcy Judge ee Entered on Docket November 04, 20 ARIEL E. STERN, ESQ.

7 || Nevada Bar No. 8276 NATALIE L. WINSLOW, ESQ.

8 || Nevada Bar No. 12125 PAIGE L. MAGASTER, ESQ.

9 || Nevada Bar No. 15557 AKERMAN LLP || 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 || Telephone: (702) 634-5000 4 Facsimile: (702) 380-8572 || Email: [email protected] Email: natalie.winslow @akerman.com || Email: [email protected] || Attorneys for NewRez LLC d/b/a Shellpoint Mortgage Servicing om 16 UNITED STATES BANKRUPTCY COURT 17 DISTRICT OF NEVADA || InRe: Case No.: 22-12180-mkn || 9863 DUBLIN VALLEY, LLC, Chapter 11 21 Hearing Date: October 19, 2022 Hearing Time: 9:30 AM 22 Debtor. Location: Foley Courtroom 2 - Remote 23 ORDER ANNULLING AUTOMATIC STAY 24 Based on NewRez LLC d/b/a Shellpoint Mortgage Servicing's motion to dismiss or || alternatively to annul automatic stay [ECF No. 19] (the motion), the exhibits attached thereto || including the Magaster and Cordero declarations [ECF Nos. 19-1 — 19-29], the debtor's opposition to motion to dismiss or alternatively to annul automatic stay [ECF No. 26], the reply supporting motion to dismiss or alternatively to annul automatic stay [ECF No. 27], any exhibits thereto, the hearing held on October 19, 2022 (appearances noted on the record), the court having stated on the record its findings of fact and conclusions of law, which are incorporated herein pursuant to the Federal Rules of Bankruptcy Procedure 9014(c) and 7052, and Federal Rule of Civil Procedure 52, with good cause having been shown, 7 IT IS HEREBY ORDERED that the motion is GRANTED IN PART as to the alternative request to annul the automatic stay; 9 IT IS FURTHER ORDERED that the motion is DENIED without prejudice as to all other requested relief; and 11 IT IS FURTHER ORDERED that the automatic stay is annulled as of the date of filing of debtor's chapter 11 petition.

13 IT IS SO ORDERED.

Submitted by: AKERMAN LLP By: /s/ Paige L. Magaster ARIEL E. STERN, ESQ.

Nevada Bar No. 8276 NATALIE L. WINSLOW, ESQ.

Nevada Bar No. 12125 PAIGE L. MAGASTER, ESQ.

Nevada Bar No. 15557 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Attorneys for NewRez LLC d/b/a Shellpoint Mortgage Servicing 1 RULE 9021 DECLARATION 2 In accordance with LR 9021, counsel submitting this document certifies that the order accurately reflects the court’s ruling and that (check one): 4 ___ The court has waived the requirement of approval under LR 9021(b)(1).

5 ___ No party appeared at the hearing or filed an objection to the motion.

6 x I have delivered a copy of this proposed order to all counsel who appeared at the hearing, and any unrepresented parties who appeared at the hearing, and each has approved or disapproved the order, or failed to respond, as indicated below: 9 APPROVE 10 /s/ Roger P. Croteau ROGER P. CROTEAU, ESQ.

Roger P. Croteau & Associates, Ltd 12 2810 W Charleston Blvd, Suite 67 Las Vegas, NV 89102 Counsel for the Debtor ___ I certify that this is a case under Chapter 7 or 13, that I have served a copy of this order with the motion pursuant to LR 9014(g), and that no party has objected to the form or content of the order.

19 By: /s/ Paige L. Magaster Paige L. Magaster, Esq.

20 AKERMAN LLP Attorneys for NewRez LLC d/b/a 21 Shellpoint Mortgage Servicing