Opinion
22-cv-00531-APG
04-13-2022
SFR INVESTMENTS POOL 1, LLC, Plaintiff, v. NATIONSTAR MORTGAGE, LLC d/b/a MR. COOPER; FEDERAL HOME LOAN MORTGAGE CORPORATION; DOES I through X; and ROE BUSINESS ENTITIES I through X, inclusive, Defendants.
BRODY R. WIGHT, ESQ. Nevada Bar No. 13615 TROUTMAN PEPPER HAMILTON SANDERS LLP Counsel for SFR Investments Pool 1, LLC TROUTMAN PEPPER HAMILTON SANDERS LLP Attorneys for Defendant Nationstar Mortgage LLC, dba Mr. Cooper
BRODY R. WIGHT, ESQ. Nevada Bar No. 13615 TROUTMAN PEPPER HAMILTON SANDERS LLP Counsel for SFR Investments Pool 1, LLC
TROUTMAN PEPPER HAMILTON SANDERS LLP Attorneys for Defendant Nationstar Mortgage LLC, dba Mr. Cooper
STIPULATION AND ORDER TO EXTEND RESPONSE DEADLINE AND VACATE HEARING (SECOND REQUEST)
ANDREW P. GORDON UNITED STATES DISTRICT JUDGE
Plaintiff, SFR Investments Pool 1, LLC (“SFR”) and Defendants, Nationstar Mortgage, LLC d/b/a Mr. Cooper (“Nationstar”) and Federal Home Loan Mortgage Corporation (‘Freddie Mac”) (collectively, the “Parties”), by and through their undersigned counsel, hereby stipulate and agree to extend briefing deadlines on SFR's Emergency Motion for Temporary Restraining Order and Preliminary Injunction (“Motion”) [ECF No. 5, 6] and to vacate the hearing on said Motion currently set for April 28, 2022, at 10:30 a.m.. The Parties further stipulate and agree that the foreclosure sale on the subject property be postponed until this Court rules on SFR's Motion. The parties finally agree to extend the date for Nationstar to file a response to SFR's Complaint. In support of the stipulation, the Parties state as follows:
1. On March 28, 2022, SFR Investments Pool 1, LLC (“SFR”) filed the Complaint in the instant matter. [ECF No 1].
2. On March 29, 2022, SFR filed an Emergency Motion for Temporary Restraining Order and Preliminary Injunction (“Motion”). [ECF No. 5, 6].
3. On March 30, 2022, this Court entered a minute order in chambers setting a deadline for Defendants to respond to the Motion no later than Monday, April 4, 2022 at 12:00 p.m. and further ordering a hearing on the Motion for Tuesday, April 5, 2022, at 10:00 a.m. [ECF No. 7]. Defendants were served with the Order and all other documents related to the matter on the same day.
4. On April 4, 2022, this Court entered an order extending the deadline for Nationstar to respond to the motion for preliminary injunction to April 13, 2022, setting the deadline for SFR to file a reply in support of its motion for seven days later, and setting the hearing on the motion for preliminary injunction on April 28, 2022 at 10:30 AM. (ECF No. 11]
5. In late March 2022 one of the attorneys for Troutman Pepper representing Nationstar, Aaron Lancaster, left the firm leaving the remaining counsel unable to adequately cover all Nationstar cases assigned to Mr. Lancaster including this matter. On April 11, 2022, attorney Vanessa Turley was hired to represent Nationstar in this and several other matters in Nevada. Ms. Turley needs time to train in her new position, to research this case and SFR's claims, and to respond to the motion for preliminary injunction and the Complaint.
6. The Parties agree Defendants shall have until May 4, 2022, to file a response to the Motion for Preliminary injunction, allowing counsel adequate time to evaluate the case and respond to the Motion and to further allow the Motion to be briefed in the normal course pursuant to LR 7-2.
7. Pursuant to LR 7-2, SFR shall have seven days after service of Defendant's
Response to file a reply in support of its Motion.
8. The Parties request that the hearing on the Motion currently scheduled for April 28, 2022, at 10:30 a.m., be vacated.
9. Defendants agree to refrain from setting the foreclosure sale of the real property located at 337 Brilliant Summit Circle, Henderson, NV 89052, Parcel No. 17819-811-093 until such time as this Court rules on the Motion.
10. Finally, the parties agree that Nationstar shall have until May 4, 2022, to file a response to SFR's Complaint.
11. Both parties represent this stipulation is not made with any intent to delay or prejudice either party.