Carrington Mortgage Services, LLC v. Montecito Village Community Associatin ( 2019 )

NATALIE L. WINSLOW, ESQ. 1 Nevada Bar No. 12125 2 TENESA S. POWELL, ESQ. Nevada Bar No. 12488 3 AKERMAN LLP 1635 Village Center Circle, Suite 200 4 Las Vegas, NV 89134 Telephone: (702) 634-5000 5 Facsimile: (702) 380-8572 6 Email: natalie.winslow@akerman.com Email: tenesa.powell@akerman.com 7 Attorneys for Carrington Mortgage Services, LLC 8 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 CARRINGTON MORTGAGE SERVICES, Case No. 2:16-cv-01780-JCM-PAL 12 LLC; 13 Plaintiff, STIPULATION AND ORDER FOR vs. DEADLINE TO FILE RENEWED 14 MOTIONS FOR SUMMARY JUDGMENT MONTECITO VILLAGE COMMUNITY 15 ASSOCIATION; NEVADA ASSOCIATION (FIRST REQUEST) SERVICES; PREMIER ONE HOLDINGS, 16 INC.; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, 17 Defendants. 18 Carrington Mortgage Services, LLC (Carrington), Montecito Village Community 19 Association (Montecito), and Premier One Holdings, Inc. (Premier One), hereby stipulate and 20 agree as follows: 21 On July 7, 2017, this court granted Montecito and Premier One's motions for summary 22 judgment and denied Carrington's motion for summary judgment [ECF No. 38]. Carrington filed a 23 notice of appeal to the United States Court of Appeals for the Ninth Circuit on August 3, 2017. On 24 May 6, 2019, the Ninth Circuit issued an order stating that it had recently held that the Nevada 25 statutory scheme that grants a homeowners association a lien with super-priority status is no longer 26 controlled by the analysis in Bourne Valley Court Trust v. Wells Fargo Bank, N.A., 832 F.3d 1154 27 (9th Cir. 2016) in light of the Nevada Supreme Court's decision in Bank of America, N.A. v. SFR 1 || Investments Pool, LLC, 427 P.3d 113 (Nev. 2018). Because the instant case raises similar issues and 2 || procedural posture, the Ninth Circuit was inclined to vacate the district court's decision and remand 3 || for further consideration. No objections were filed, and the case was remanded on July 18, 2019 4 || [ECF No. 45] for further proceedings. 5 Based on the remand, the parties stipulate that re-filing summary judgment motions is 6 || appropriate and agree summary judgment briefs shall be due September 16, 2019. 7 DATED this 19th day of August, 2019. 8 AKERMAN LLP Morris LAW CENTER 9 /s/ Tenesa S. Powell /s/ Timothy Wiseman 10 || NATALIE L. WINSLOW, ESQ. SARAH A. MORRIS, ESQ. Nevada Bar No. 12125 Nevada Bar No. 8461 {11 || TENESA S. POWELL, ESQ. TIMOTHY A. WISEMAN, ESQ. 42 Nevada Bar No. 12488 Nevada Bar No. 13786 1635 Village Center Circle, Suite 200 5450 W. Sahara Avenue, Suite 330 13 || Las Vegas, NV 89134 Las Vegas, NV 89146 > J 14 || Attorneys for Carrington Mortgage Services, LLC | Attorney for Premier One Holdings, Inc. > 15 ALVERSON, TAYLOR, MORTENSEN & SANDERS /s/ Kurt Bonds — 47 || KURTR. BONDS, ESQ. Nevada Bar No. 6228 18 || 6605 Grand Montecito Parkway, Suite 200 49 Las Vegas, NV 89149 20 Attorneys for Montecito Village Community Association 21 ORDER 22 53 IT ISSO ORDERED: Ethos ¢ Atal Wun 24 i ______ UNILED STATES DISTRICT COURT JUDGE 25 August 29, 2019 26 DATED: 27 28