Nevada Bar No. 4613 2 dgerrard@gerrard-cox.com ZAHAVA M. LIEBERMAN, ESQ. 3 Nevada Bar No. 15953 zlieberman@gerrard-cox.com 2450 St. Rose Parkway, Suite 200 5 Las Vegas, Nevada 89074 Telephone: (702) 796-4000 6 Attorneys for Defendants 2014-1 IH Equity Owner, LP 7 THR Nevada II, LP, THR Property Borrower, LP THR Property Guarantor, LP 8 THR Property Holdco, LP 2014-1 IH Property Holdco, LP 9 UNITED STATES DISTRICT COURT
11 LAS VEGAS DEVELOPMENT GROUP, LLC, Case No.: 2:15-cv-00917-GMN-NJK a Nevada limited liability company, 12
Plaintiff, JOINT PRETRIAL ORDER 13
vs. 14
2014-3 IH EQUITY OWNER, LP, a Delaware 15 limited partnership; BANK OF AMERICA, NA, a National Banking Association; MERIDIAN 16 FORECLOSURE SERVICE, a California corporation; THR NEVADA II, LP a Delaware 17 limited partnership; THR PROPERTY BORROWER, LP, a Delaware limited partnership; 18 THR PROPERTY GUARANTOR, LP, a Delaware limited partnership; THR PROPERTY HOLDCO, 19 LP, a Delaware limited partnership; 2014-3 IH PROPERTY HOLDCO, LP, a Delaware limited 20 partnership; 2014-3 IH BORROWER, LP, a Delaware limited partnership; GERMAN 21 AMERICAN CAPITAL CORPORATION, a Maryland corporation; CHRISTIANA TRUST, an 22 unknown business entity; DOE individuals I through XX; and ROE CORPORATIONS I through XX, 23
Defendants. 24
26 Plaintiff Las Vegas Development Group, LLC (“LVDG”) and Defendants THR Nevada II, 27 LP (“THR2”), 2014-3 IH Borrower, 2014-13 IH Equity Owner, LP, THR Property Borrower, LP, 28 1 2 THR and IH entities collectively, “THR Entities”) submit the following proposed joint pretrial order. 3 Following pretrial proceedings in this case, IT IS ORDERED: 4 I. Nature of the action: 5 This is a quiet title and declaratory relief matter following two foreclosure sales involving real 6 property located at 7832 Marksville St, Las Vegas, NV 89149 (“Property”). LVDG purchased the 7 Property at a HOA lien foreclosure sale conducted pursuant to NRS 116 (“116 Sale”), and THR2 8 subsequently purchased the Property at a deed of trust foreclosure sale conducted pursuant to NRS 9 10 107 (“107 Sale”). LVDG seeks a declaration that all subordinate liens were extinguished at the time 11 of the 116 Sale; that it acquired title to the Property free and clear of the Deed of Trust that was the 12 subject of the 107 Sale; and that the 107 Sale is void because it was based upon an extinguished 13 security interest. THR2 seeks a declaration that the 116 Sale was void or if not void was subject to the 14 Deed of Trust, and that THR2 acquired title to the Property at the 107 Sale free and clear of LVDG’s 15 claimed interest. 16 17 The Court entered an order denying summary judgment on March 25, 2020, finding an issue 18 of fact existed for trial related to whether prejudice was suffered as a result of notice not being 19 provided in the manner required by NRS 116. [ECF No. 115]. The Court found Cascade Homeowners 20 Association (“Cascade HOA”), through Absolute Collection Services (“ACS”), failed to 21 substantially comply with Nevada's statutory notice requirements since the evidence indicated that it 22 did not mail the notice of default or notice of sale to MERS. [ECF No. 115 at 5]. However, the Court 23 concluded that the evidence presented did not demonstrate whether MERS was prejudiced by Cascade 24 25 HOA’s and ACS’ failure to substantially comply with Nevada’s statutory notice requirements. [ECF 26 No. 115 at 6]. The Court did not address, among other things, whether the 116 Sale should be set aside 27 on equitable grounds or whether LVDG is a bona fide purchaser for value. 28 1 2 II. Statement of jurisdiction: 3 This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332. The diversity of 4 citizenship requirement is met. LVDG is a citizen of Nevada and California. THR Entities are neither 5 Nevada nor California citizens. The amount in controversy requirement is also met. The amount in 6 controversy exceeds $75,000.00. The THR Entities are citizens of the State of Delaware. The amount 7 in controversy requirement is also met because the property's value exceeds $75,000.00. 8 III. The following facts are admitted by the parties and require no proof: 9 10 1. Nevada adopted Uniform Common Interest Ownership Act as NRS 116, including 11 NRS 116.3116(2), in 1991. 12 2. On or about July 22, 2005, Arnold Dumlao Dilag and Jocelyn Dilag (“Borrowers”) 13 purchased a property located at 7832 Marksville St, Las Vegas, NV 89149 as reflected in a Grant, 14 Bargain, Sale Deed recorded on July 29, 2005 in the Official Records of Clark County, Nevada, as 15 Instrument No. 20050729-0004278. 16 17 3. The Property is located within the Cascade HOA and is subject to the Cascade HOA’s 18 Declaration of Conditions, Covenants, & Restrictions (“CC&Rs”), which were recorded on August 19 18, 2003 in the Official Records of Clark County, Nevada, as Instrument No. 20030818-01114. 20 4. On or about December 4, 2006, the Borrowers refinanced the Property with a $280,000 21 loan from Casa Blanca Mortgage, Inc. (the “Loan”). 22 5. The Borrowers secured the Loan with a deed of trust against the Property, recorded on 23 January 5, 2007, in the Official Records of Clark County, Nevada, as Instrument No. 20070105- 24 25 0001709 (“2006 DOT”). The 2006 DOT identified Casa Blanca Mortgage as the original Lender, 26 Mortgage Electronic Registration Systems, Inc. (“MERS”) as the Beneficiary, and Financial Title 27 Company as the Trustee. 28 1 2 Property in the Official Records of Clark County, Nevada, as Instrument No. 20070105-0001709 3 (“Second DOT”). The Second DOT is not at issue in this case. 4 7. On or about November 27, 2007, Casa Blanca Mortgage assigned the Second DOT to 5 IndyMac Bank through that certain Corporation Assignment of Deed of Trust recorded on December 6 4, 2007 in the Official Records of Clark County, Nevada, as Instrument No. 20071204-0002957. 7 8. On August 6, 2010, Cascade HOA, through its agent Absolute Collection Services 8 (“ACS”), recorded a Notice of Delinquent Assessment Lien in the Official Records of Clark County, 9 10 Nevada, as Instrument No. 201008-60000298. 11 9. On October 15, 2010, Cascade HOA, through its agent ACS, recorded a Notice of 12 Default and Election to Sell Under Homeowners’ Association Lien in the Official Records of Clark 13 County, Nevada, as Instrument No. 20101015-0003056 (“NOD”). 14 10. Cascade HOA, through ACS, did not mail the NOD to MERS, the Beneficiary under 15 the 2006 DOT, but instead mailed the NOD to Casa Blanca Mortgage, as well as IndyMac Bank, 16 17 among others. 18 11. On January 21, 2011, Cascade HOA through ACS, recorded a Notice of Trustee's Sale 19 in the Official Records of Clark County, Nevada, as Instrument No. 20110121-0003842 (“NOS”). 20 12. Cascade HOA, through ACS, did not mail the NOS to MERS, the Beneficiary under 21 the 2006 DOT, but instead mailed the NOS to Casa Blanca Mortgage, as well as IndyMac Bank, 22 among others. 23 13. On June 7, 2011, Cascade HOA sold the property at its foreclosure sale (“116 Sale”) 24 25 to LVDG for $4,500.00, as reflected in the Trustee’s Deed Upon Sale recorded on June 8, 2011 in the 26 Official Records of Clark County, Nevada, as Instrument No. 20110608-0000856 (“116 Foreclosure 27 Deed”). 28 1 2 has complied with all requirements of law including, but not limited to, the elapsing of 90 days, 3 mailing of copies of notice of delinquent assessment and notice of default and the posting and 4 publication of the notice of sale.” 5 15. On or about April 24, 2012, over ten months after the 116 Sale, MERS assigned the 6 2006 DOT to BANA through a Nevada Assignment of Deed of Trust recorded on April 27, 2012 in 7 the Official Records of Clark County, Nevada, as Instrument No. 20120437-0000036. The 8 Assignment was signed by MERS “solely as nominee for Casa Blanca Mortgage, Inc., DBA Shearson 9 10 Mortgage, a California Corporation.” 11 16. On May 7, 2012, a Substitution of Trustee related to the 2006 DOT was recorded in 12 the Official Records of Clark County, Nevada, as Instrument No. 20120507-0001779, reflecting 13 Meridian Foreclosure Service (“Meridian”) as the new Trustee. 14 17. On July 25, 2012, Meridian recorded a Notice of Default and Election to Sell Under 15 Deed of Trust in the Official Records of Clark County, as Nevada, as Instrument No. 20120725- 16 17 0002866. 18 18. On November 9, 2012, Meridian recorded a Notice of Trustee’s Sale related to the 19 2006 DOT in the Official Records of Clark County, Nevada, as Instrument No. 2012110-9003127. 20 19. On December 3, 2012, THR2 presented the prevailing bid of $136,000.00 at 21 Meridian’s foreclosure sale (“107 Sale”) as reflected in the Trustee’s Deed Upon Sale recorded on 22 December 21, 2012, in the Official Records of Clark County, Nevada, as Instrument No. 20121221- 23 0003995. 24 25 20. On November 14, 2014, THR2 transferred its interest in the Property to THR Property 26 Borrower pursuant to a deed recorded in the Official Records of Clark County, Nevada, as Instrument 27 No. 20141114-0002840. 28 1 2 Property to THR Property Guarantor pursuant to a deed recorded in the Official Records of Clark 3 County, Nevada, as Instrument No.20141114-0002841. 4 22. On November 14, 2014, THR Property Guarantor transferred its interest in the 5 Property to THR Property Holdco pursuant to a deed recorded in the Official Records of Clark County, 6 Nevada, as Instrument No. 20141114-0002842. 7 23. On November 14, 2014, THR Property Holdco transferred its interest in the 8 Property to 2014-3 IH Property Holdco pursuant to a deed recorded in the Official Records of Clark 9 10 County, Nevada, as Instrument No. 20141114-0002843. 11 24. On November 14, 2014, 2014-3 IH Property Holdco transferred its interest in the 12 Property to 2014-3 IH Equity Owner pursuant to a deed recorded in the Official Records of Clark 13 County, Nevada, as Instrument No. 20141114-0002844. 14 25. On November 14, 2014, 2014-3 IH Equity Owner transferred its interest in the 15 Property to 2014-3 IH Borrower pursuant to a deed recorded in the Official Records of Clark County, 16 17 Nevada, as Instrument No. 20141114-0002845. 18 26. On November 15, 2017, 2014-3 IH Borrower transferred its interest in the Property 19 to THR Nevada II pursuant to a deed recorded in the Official Records of Clark County, Nevada, as 20 Instrument No. 20171115-0001537. 21 27. On March 20, 2015, LVDG recorded a notice of lis pendens in the Official Records of 22 Clark County, Nevada, as Instrument No. 20150320-0001997. 23 IV. The following facts, though not admitted, will not be contested at trial by evidence to 24 25 the contrary: 26 1. None. 27 28 1 The following are issues of fact to be tried and determined at trial: 2 1. The identity of the entity or entities with an interest in the 2006 DOT and entitled to 3 notice at the time of the notices related to the 116 Sale, and the time periods during which they held an 4 interest. 5 2. The policies, practices, and procedures of the entity or entities with an interest in the 6 2006 DOT related to homeowners association lien foreclosure sales in Nevada at the time of notices 7 related to the 116 Sale. 8 9 3. The policies, practices, and procedures of MERS related to homeowners association 10 lien foreclosure sales in Nevada at the time of notices related to the 116 Sale. 11 4. Whether any entity with an interest in the Loan or the 2006 DOT was prejudiced as a 12 result of ACS’ failure to send to MERS the statutory notices required by NRS Chapter 116.1 13 5. Whether any entity with an interest in the Loan or the 2006 DOT would have taken any 14 action to satisfy any portion of the HOA lien had MERS been provided with notice of the 116 Sale. 15 6. Whether it was unfair, fraudulent, or oppressive to any entity with an interest in the 16 17 Loan or the 2006 DOT that MERS was not provided notice of the 116 Sale. 18 7. Whether Cascade HOA or ACS had knowledge, during the 116 foreclosure 19 proceedings, of an address it could use to provide actual notice of the 116 Sale to MERS or any entity 20 with an interest in the Loan or the 2006 DOT. 21 8. Whether LVDG was entitled to rely upon the recitals in the 116 Foreclosure Deed. 22 9. Whether LVDG had actual notice, constructive notice or reasonable cause to know that 23 any defect existed in the 116 Sale. 24 25 10. The degree of LVDG’s real estate investment experience prior to the 116 Sale. 26
27 1 This Court ruled that Cascade HOA and ACS did not substantially comply with the notice requirements of NRS 116 by failing to send MERS the statutorily required notice. [ECF No. 115]. 28 1 2 the homeowners association liens at the operative time period. 3 12. Whether ACS believed the 2006 DOT would be extinguished by the 116 Sale. 4 13. Whether any entity with an interest in the Loan or the 2006 DOT had knowledge of 5 ACS’ policies rejecting tenders for the superpriority portion of a homeowners association lien and 6 ACS’ understanding of 116 Sales. 7 14. Whether the Property was sold at the 116 Sale for an adequate or inadequate price. 8 15. Whether the 116 Sale should be set aside on equitable grounds because the events 9 10 proceeding the sale were fraudulent, oppressive, or unfair, coupled with a grossly inadequate price 11 received for the Property. 12 16. Whether bidding was chilled at the 116 Sale. 13 17. Whether the Property was sold at the 107 Sale for an adequate or inadequate price. 14 18. Whether LVDG took any steps to prevent the 107 Sale in advance of the 107 Sale or 15 immediately after the 107 Sale and whether it was required to do so. 16 19. Whether the 107 Sale was maliciously or fraudulently conducted. 17 18 VI. The following are issues of law to be tried and determined at trial: 19 1. Whether the 116 Sale extinguished the 2006 DOT. 20 2. Whether the 116 Sale is void or should be equitably set aside under Nationstar 21 Mortgage, LLC v. Saticoy Bay Series 2227 Shadow Canyon, 405 P.3d 641 (Nev. 2017) and/or U.S. 22 Bank, N.A. v. Resources Group, LLC, 444 P.3d 442 (Nev. 2019). 23 3. Whether LVDG was a bona fide purchaser for value at the 116 Sale. 24 25 4. Whether formal tender was excused under the circumstances at issue herein pursuant to 26 Perla Del Mar Ave Trust v. Bank of America, N.A., v. Resources Group, LLC, 458 P.3d 348 (Nev. 27 2020), as a result of ACS’ policies related to NRS Chapter 116 sales. 28 1 2 6. Whether LVDG has standing to challenge the 107 Sale. 3 7. Whether LVDG suffered damages as a result of the 107 Sale and, if so, the extent of 4 such damages. 5 8. Whether THR2 suffered damages, as a result of the improvements made on the property 6 and other monies spent in relation to the property by THR2 or the THR entities, if the Court declares 7 the 107 Sale invalid, and, if so, the extent of such damages. 8 9. Whether LVDG’s non-quiet title claims are time-barred or otherwise lack merit. 9 10 10. Whether LVDG is barred from any relief under the doctrine of unclean hands. 11 11. Whether the Court should cancel LVDG’s lis pendens. 12 12. Whether LVDG was entitled to rely upon the implied and explicit representations of 13 ACS that the 116 sale was duly and properly noticed and conducted. 14 13. LVDG’s entitlement to damages on each of its claims for relief and the amount thereof. 15 14. Whether the 116 Sale is void due to the failure of Cascade HOA and its agent ACS, to 16 provide the statutory notices to the Beneficiary under the 2006 DOT. 17 18 20. Whether the failure of ACS and Cascade HOA to provide the statutory notices to 19 MERS rendered the 116 Sale void as a matter of law. 20 21. Whether LVDG suffered monetary damages in the form of lost rental income or 21 otherwise as a result of the 107 Sale, and, if so, the extent of such damages. 22 22. Whether any applicable entity with an interest in the 2006 DOT received actual notice 23 of the HOA foreclosure proceedings in lieu of statutory notice. 24 25 23. Whether THR2 was a bona fide purchaser for value at the 107 Sale. 26 27 28 1 VII. The following exhibits are stipulated into evidence in this case and may be so marked by the Clerk. ? Exh. | Document Bates Number ne BANAO183 - 0186 BANAOI87 - 0212 Reconveyance 6 4 01/05/07 Deed of Trust (2006 DOT) ($280,000.00) (Inst. BANA0215 - 0243 20070105-0001709
g 0001710 12/04/07 Corporation Assignment of 2nd Deed of Trust to BANAO258 - 0259 | & |inoyae an NOES Te BANA0260 - 0262 10 || 8 | Notice of Delinquent Assessment Lien recorded 08/26/2010 __ | BANA0263 - 0264 + Homeowners Association Lien recorded 10/15/2010 12 BANA0268 - 0269 13 recorded 06/08/2011 Eds BANA0274 a BANA0277 - 0278 ° recorded 07/25/2012 16 . Program Certificate 19 11/09/2012 20 12/21/2012 to THR Nevada II, LP recorded 11/14/2014 00223 BANA0293 — 0297 BANA0297 — 0299
recorded 11/14/2014
95 recorded 11/14/2014 26 ||? LVDG objects to Exhibits 45 to 66, which is the evidence related to the tender futility defense which is the subject of pending Motion For Leave To Allow Additional Evidence And Witnesses (Doc. 185). Depending upon the manner in 27 || which said Motion is resolved, LVDG reserves the right to likewise list additional documents of the sort which the Defendants propose to add pursuant to their Motion. 28 Page 10 of 20
recorded 11/14/2014 : recorded 11/14/2014
4 11/14/2014
5 11/14/2014 6 06/17/2014 7 11/15/2017 0390 1H00408 9 of Nevada BANA0300 - 0374 S = i Response To Bank of America, N.A.'s Subpoena Duces Tecum | — 0111 2 Certificate of Custodian of Record for Alessi & Koenig, LLC | BANA(DUMLAO) □□□□□
a — 0169 2 i A
Mailing of HOA NOD 0178
12 D_ | of State's Website 1H00306 — 0307 19 TH00308 — 0312 1H00313 — 00407
for Admissions 22 Interrogatories 2 ES sesvmcasose 40-2 . 23 Admissions 24 Production of Documents fe Hetty gare 000015 000029 a7 28 Page 11 of 20
43 | APN:124-21-412-015, 2 Inst. No.20130131-0002132 Trustee’s Deed Upon Sale, 1H00574 — 0576 3 APN: 161-11-112-048, Inst. No. 2013013 1-0002274 4 Miles Bauer Bergstrom & Winters, LLP Affidavit (5347 1H00670-IH00679 5 45 | Tipper) (ACS Letter dated June 15, 2010) Miles Bauer Affidavit 06/15/2010 |= [Bite Eos [sooo Palatina) (ACS Letter dated March 4, 2011
g Cayman) (ACS Letter dated June 6, 2011 Miles Bauer Bergstrom & Winters, LLP Affidavit (2614 White | IH00700-IH00707 || | ho ater Fotoay 3201) ESSE eeare 10 Victoria) (ACS Letter dated April 6, 2012 Milpas) (ACS Letter dated July 5, 2012 Summer Lily) (ACS Letter dated July, 26, 2012 ds Meadows) (ACS Letter dated September 7, 2012 ae 15 Palm) (ACS Letter dated September 18, 2012 2 5 16 Coldwater Bay) (ACS Letter dated October 24, 2012 17 Country Skies)(ACS Letter dated December 11, 2012 Mountain Point)(ACS Letter dated January 2, 2013 Campbell) (ACS Letter dated February 21, 2013 Palm) (ACS Letter dated March 25, 2013 Deposition Testimony of Kelly Mitchell 30(b)(6) TH00838-IH00854 59 | Representative for ACS dated July 11, 2016 (Case # 2:16-cv-00242 23 60 | Deposition of Kelly Mitchell 30(b)(6) Representative for ACS | TH00855-IH00861 August 16, 2016 24 Deposition of Kelly Mitchell 30(b)(6) Representative for ACS | [H00862-IH00868 January 15, 2019 Deposition of Kelly Mitchell 30(b)(6) Representative for ACS | TH00869-IH00875 2%6 February 6, 2019 Deposition of Kelly Mitchell 30(b)(6) Representative for ACS | IH00876-IH00938 27 May 6, 2019 @ 1:46 28 Page 12 of 20
1 Deposition of Kelly Mitchell 30(b)(6) Representative for ACS IH00939-IH00955) 2 64 May 6, 2019 @ 3:40 pm 3 Deposition of Kelly Mitchell 30(b)(6) Representative for ACS IH00956-IH00970 65 June 27, 2019 4 66 Kelly Mitchell and Rock Jung Trial Testimony, April 3, IH00971-00984 5 2017, Case No. A-13-693205-C
6 VIII. Electronic evidence: 7 The parties have no intention to present electronic evidence for purposes of jury deliberation. 8 This will be a bench trial. The parties reserve the right to present exhibits electronically for the Court. 9 IX. Depositions: 10 The parties reserve the right to use the following deposition transcripts 3: 11 A. Charles Schmidt, 30(b)(6) Representative for LVDG, July 11, 2019 12 13 B. Kelly Mitchell, 30(b)(6) Representative for ACS, July 11, 2019 14 C. Nicole Bowdle, 30(b)(6) Representative for THR2, August 12, 2019 15 D. David Alessi, 30(b)(6) Representative for Alessi & Koenig, LLC, June 4, 2019 16 X. Witnesses: 17 The following witnesses may be called by the parties at trial: 18 (a) State the names and addresses of LVDG’s witnesses. 19
20 1. Jon Jentz and/or Corporate Designee of Plaintiff, LAS VEGAS DEVELOPMENT GROUP, LLC, 21 C/O Roger P. Croteau & Associates, Ltd. 2810 W. Charleston Blvd., #67 22 Las Vegas, Nevada 89102
23 2. Corporate Designee of Defendant 24 2014-3 IH EQUITY OWNER, LP, C/O Gerrard Cox & Larsen, 25 2450 St. Rose Pkwy #200 Henderson, Nevada 89074 26
27 3 The following depositions were taken in the instant case. The parties have listed other depositions as evidence in Section VII. 28 1 3. Corporate Designee of Defendant, C/O Akerman LLP 3 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 4 4. Corporate Designee of Defendant 5 MERIDIAN FORECLOSURE SERVICE 6 C/O Diane Burnett, President 9999 Amber Field Street 7 Las Vegas, Nevada 89178
8 5. Corporate Designee of Defendant THR NEVADA II, LP 9 C/O Gerrard Cox & Larsen 10 2450 St. Rose Pkwy #200 Henderson, Nevada 89074 11 6. Corporate Designee of Defendant C/O Gerrard Cox & Larsen 13 2450 St. Rose Pkwy #200 14 Henderson, Nevada 89074
15 7. Corporate Designee of Defendant THR PROPERTY GUARANTOR, LP 16 C/O Gerrard Cox & Larsen 2450 St. Rose Pkwy #200 17 Henderson, Nevada 89074 18 8. Corporate Designee of Defendant C/O Gerrard Cox & Larsen 20 2450 St. Rose Pkwy #200
21 9. Henderson, Nevada 89074Corporate Designee of Defendant 22 2014-3 IH PROPERTY HOLDCO, LP, C/O Gerrard Cox & Larsen 23 2450 St. Rose Pkwy #200 Henderson, Nevada 89074 24 25 10. Corporate Designee of Defendant 2014-3 IH BORROWER, LP 26 C/O Hutchison & Steffen, PLLC 10080 West Alto Drive, Suite 200 Las Vegas, Nevada 89145 27 28 1 11. GERMAN AMERICAN CAPITAL CORPORATION 2 C/O Fidelity National Law Group 1701 Village Center Circle, Suite 110 3 Las Vegas, Nevada 89143
4 12. Corporate Designee of Defendant CHRISTIANA TRUST 5 C/O Fidelity National Law Group 6 1701 Village Center Circle, Suite 110 Las Vegas, Nevada 89143 7 13. Defendant 913 Antiquity Drive 9 Fairfield, California 94534. 10 14. Defendant 913 Antiquity Drive 12 Fairfield, California 94534
13 15. Corporate Designee of 2017-2 IH Borrower, LP 14 C/O CSC Services of Nevada 2215-B Renaissance Drive 15 Las Vegas, Nevada 89119
16 16. Corporate Designee of Cascade Homeowners Association, Inc. C/O Level Property Management 17 8966 Spanish Ridge Avenue, #100 18 Las Vegas, Nevada 89148
19 17. Kelly Mitchell and/or Corporate Designee of Absolute Collection Services, LLC, C/O Shane Cox, Esq. 20 7485 West Azure Drive, Suite 129 21 Las Vegas, Nevada 89130
22 18. Corporate Representative of OneWest Bank FSB 888 E. Walnut Street 23 Pasadena, California 91101
24 19. Any and all witnesses called or listed by any other party to this litigation. 25 (b) State the names and addresses of THR Defendants' witnesses: 26 1. Corporate Designee for 27 2014-3 IH BORROWER, LP c/o Hutchison & Steffen, PLLC 28 1 Las Vegas, Nevada 89145 Phone: (702) 667-3000 2
2. Corporate Designee for 4 THR NEVADA II, LP c/o GERRARD COX LARSEN 5 2450 St. Rose Pkwy., Suite 200 Henderson, Nevada 89074 6 Phone: (702) 796-4000
7 3. Corporate Designee for THR PROPERTY BORROWER, LP 8 c/o GERRARD COX LARSEN 2450 St. Rose Pkwy., Suite 200 9 Henderson, Nevada 89074 Phone: (702) 796-4000 10
4. Corporate Designee for 11 THR PROPERTY GUARANTOR, LP c/o GERRARD COX LARSEN 12 2450 St. Rose Pkwy., Suite 200 Henderson, Nevada 89074 13 Phone: (702) 796-4000
14 5. Corporate Designee for THR PROPERTY HOLDCO, LP 15 c/o GERRARD COX LARSEN 2450 St. Rose Pkwy., Suite 200 16 Henderson, Nevada 89074 Phone: (702) 796-4000 17
6. Corporate Designee for 18 2014-3 IH PROPERTY HOLDCO, LP c/o GERRARD COX LARSEN 19 2450 St. Rose Pkwy., Suite 200 Henderson, Nevada 89074 20 Phone: (702) 796-4000
21 7. Corporate Designee for 2014-3 IH EQUITY OWNER, LP 22 c/o GERRARD COX LARSEN 2450 St. Rose Pkwy., Suite 200 23 Henderson, Nevada 89074 Phone: (702) 796-4000 24
8. Corporate Designee for 25 LAS VEGAS DEVELOPMENT GROUP, LLC c/o ROGER P. CROTEAU & ASSOCIATES, LTD. 26 2810 W. Charleston Blvd. #67 Las Vegas, Nevada 89102 27 Phone: (702) 254-7775 28 c/o Level Property Management 2 8966 Spanish Ridge Avenue #100 Las Vegas, Nevada 89148 3
4 10. Corporate Designee for BANK OF AMERICA, N.A. c/o Akerman, LLP 5 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 6 Phone: (702) 634-5000
7 11. Corporate Designee for MORTGAGE ELECTRONIC REGISTRATION SYSTEMS 8 P.O. Box 2026 Flint, MI 48501-2026 9 Phone: (888) 679-MERS
10 12. Kelly Mitchell ABSOLUTE COLLECTION SERVICES, LLC 11 6440 Sky Pointe Dr., Ste 140-Box 154 Las Vegas, Nevada 89131 12 Phone: (702) 531-3394
13 13. David Alessi c/o HOA Lawyers Group, LLC 14 9500 W. Flamingo Road Las Vegas, Nevada 89147 15
16 14. Charles Schmidt4 c/o ROGER P. CROTEAU & ASSOCIATES, LTD. 2810 W. Charleston Blvd. #67 17 Las Vegas, Nevada 89102 Phone: (702) 254-7775 18
19 15. Jocelyn Dilag Address Unknown
20 16. Arnold Dumlao Dilag Address Unknown 21
22 17. Nicole Bowdle Invitation Homes c/o GERRARD COX LARSEN 23 2450 St. Rose Pkwy., Suite 200 Henderson, Nevada 89074 24 Phone: (702) 796-4000
26 4 LVDG has advised the other parties that its FRCP 30(b)(6) witness at the time LVDG was deposed, Charles Schmidt, 27 has died and thus will be unavailable for trial. Another corporate designee will be available for trial. The Defendants intend to use Mr. Schmidt’s deposition at the trial as permitted by FRCP 32(a)(3)&(4). 28 1 18. INVITATION HOMES c/o GERRARD COX LARSEN 2 2450 St. Rose Pkwy., Suite 200 Henderson, Nevada 89074 3 Phone: (702) 796-4000
4 19. R. Scott Dugan, SRA R. Scott Dugan, Appraisal Company, Inc. 5 8930 West Tropicana Avenue, Suite 1 Las Vegas, Nevada 89147 6 Phone: (702) 876-2000
7 20. Corporate Designee for ABSOLUTE COLLECTION SERVICES, LLC 8 6440 Sky Pointe Dr., Ste 140 – Box 154 Las Vegas, NV 89131 9 Phone: (702)531-3394
10 21. Doug Miles. Esq. or another Corporate Designee for Miles Bauer Bergstrom & Winters, LLP 11 575 Anton Road, Suite 300 Costa Mesa, CA 92626 12 Phone: (714) 432-6503
13 22. Rock K. Jung, Esq. Wright, Finlay, & Zak, LLP 14 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 15 Phone: (702) 475-7964
16 23. Adam Kendis Miles Bauer Bergstrom & Winters, LLP 17 1231 East Dyer Road, Suite 100 Santa Ana, CA 92705 18
24. Any and all witnesses identified by any other party to this litigation. 19 20 XI. Motions in Limine: 21 To date, no party has filed any motions in limine. 22 XII. Trial Dates: 23 The attorneys or parties have met and jointly offer these trial dates: week of February 13, 2023, 24 week of March 13, 2023, or week of April 17, 2023. It is expressly understood by the undersigned that 25 the Court will set the trial of this matter on one of the agreed-upon dates if possible; if not, the trial will 26 be set at the convenience of the Court's calendar. 27 28 1 XIII. Trial Length: 2 It is estimated that the trial will take a total of 3 - 5 days.
3 APPROVED TO AS TO FORM AND CONTENT: 4
5 AKERMAN, LLP ROGER P. CROTEAU & ASSOCIATES, LTD.
6 /s/ DISMISSED FROM CASE /s/ Timothy E. Rhoda, Esq. MELANIE MORGAN, ESQ. ROGER P. CROTEAU, ESQ. 7 Nevada Bar No. 8215 Nevada Bar No. 4958 SCOTT R. LACHMAN, ESQ. TIMOTHY E. RHODA, ESQ. 8 Nevada Bar No. 12016 Nevada Bar No. 7878 9 1635 Village Center Circle, Suite 200 2810 W. Charleston Boulevard, Suite 67 Las Vegas, Nevada 89134 Las Vegas, NV 89102 10 Attorneys for Bank of America, N.A. Attorneys for Las Vegas Development Group, 11 LLC 12 GERRARD, COX & LARSEN HUTCHINSON & STEFFEN, PLLC
13 /s/ Douglas D. Gerrard, Esq. /s/ Todd Prall, Esq. DOUGLAS D. GERRARD, ESQ. JOHN T. STEFFEN, ESQ. 14 Nevada Bar No. 4613 Nevada Bar No. 4390 ZAHAVA M. LIEBERMAN, ESQ. TODD PRALL, ESQ. 15 Nevada Bar No. 15953 Nevada Bar No. 9154 16 2450 St. Rose Parkway, Suite 200 Peccole Professional Park Henderson, NV 89074 10080 W. Alta Drive, Suite 200 17 Las Vegas, NV 89145 Attorneys for 2014-13 IH Equity Owner, LP, 18 THR Nevada II, LP, THR Property Borrower, Attorneys for 2014-3 IH Borrower LP, THR Property Guarantor, LP, THR 19 Property Holdco, LP, and 2014-3 IH Property 20 Holdco, LP
21 22 23 24 25 26 27 28 1 Action By the Court: 2 This case is set for court/jury trial on the fixed/stacked calendar on _4_/2_4_/_2_3_ a_t_ 8_:_3_0_ a_._m_._. 3 Calendar call will be held on _4_/_1_8_/2_3_ _a_t _9_:0_0_ _a_.m__. _in_ _C_o_u_r_tr_o_o_m_ _7_D_________________. 4 This pretrial order has been approved by the parties to this action as evidenced by their 5 signatures or the signatures of their attorneys hereon, and the order is hereby entered and will 6 govern the trial of this case. This order may not be amended except by court order and based 7 upon the parties' agreement or to prevent manifest injustice. 8 9 10 ______________________________________ 11 UNITED STATES DISTRICT JUDGE 12 DATED: __D_e_c__e_m__b_e_r__ _7__, 2022 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28