BANK OF AMERICA, N.A. VS. SFR INV.'S POOL 1, LLC

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Cases Case Search Participant Search 18-35748: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600. Disclaimer: The information and documents available here should not be relied upon as an official record of action. Only filed documents can be viewed. Some documents received in a case may not be available for viewing. Some documents originating from a lower court, including records and appendices, may not be available for viewing. For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600. Case Information: 70501 Short Caption: BANK OF AMERICA, N.A. VS. SFR INV.'S POOL 1, LLC Court: Supreme Court Related Case(s): 70501-COA Lower Court Case(s): Clark Co. - Eighth Judicial District - A684501 Classification: Civil Appeal - General - Other Disqualifications: Case Status: Remittitur Issued/Case Closed Replacement: Panel Assigned: En Banc To SP/Judge: SP Status: Exempt Oral Argument: Oral Argument Location: Submission Date: How Submitted: + Party Information Role Party Name Represented By Amicus Curiae Saticoy Bay LLC Michael F. Bohn (Law Offices of Michael F. Bohn, Ltd.) Amicus Curiae TRP Fund IV, LLC John Henry Wright (The Wright Law Group) Appellant Bank of America, N.A. Darren T. Brenner (Akerman LLP/Las Vegas) Thera A. Cooper (Akerman LLP/Las Vegas) Vatana Lay (Akerman LLP/Las Vegas) Ariel E. Stern (Akerman LLP/Las Vegas) Respondent SFR Investments Pool 1, LLC Diana S. Ebron (Kim Gilbert Ebron) Jacqueline A. Gilbert (Kim Gilbert Ebron) Karen L. Hanks (Kim Gilbert Ebron) Docket Entries Date Type Description Pending? Document 06/07/2016 Filing Fee Filing fee due for Appeal. 06/07/2016 Notice of Appeal Documents Filed Notice of Appeal. Appeal docketed in the Supreme Court this day. 16-17616 06/07/2016 Notice/Outgoing Issued Notice to Pay Supreme Court Filing Fee. No action will be taken on this matter until filing fee is paid. Due Date: 10 days. 16-17618 06/07/2016 Filing Fee E-Payment $250.00 from Ariel E. Stern 06/09/2016 Notice/Outgoing Issued Notice of Referral to Settlement Program. This appeal may be assigned to the settlement program. Timelines for requesting transcripts and filing briefs are stayed. Docketing Statement mailed to counsel for appellant - due: 20 days. 16-18050 06/10/2016 Settlement Notice Issued Notice: Exemption from Settlement Program. It has been determined that this appeal will not be assigned to the settlement program. Appellant(s) 15 days transcript request form; 120 days opening brief: 16-18130 06/28/2016 Transcript Request Filed Certificate of No Transcript Request. 16-20165 06/30/2016 Docketing Statement Filed Docketing Statement Civil Appeals. 16-20469 07/01/2016 Order/Clerk's Filed Certification. The clerk of the Nevada Supreme Court certifies to the Honorable Adam Paul Laxalt, Attorney General of the State of Nevada, that on June 30, 2016, appellant filed with the Supreme Court a notice that this appeal draws into question the constitutionality of NRS 116.3116. See NRAP 44. 16-20602 07/06/2016 Transcript Request Filed Respondent's Certificate of No Transcript Request. 16-20851 10/07/2016 Brief Filed Appellant's Opening Brief. 16-31427 10/07/2016 Appendix Filed Appendix to Opening Brief Volume 1. 16-31428 10/07/2016 Appendix Filed Appendix to Opening Brief Volume 2. 16-31429 10/07/2016 Appendix Filed Appendix to Opening Brief Volume 3. 16-31430 10/07/2016 Appendix Filed Appendix to Opening Brief Volume 4. 16-31431 11/07/2016 Motion Filed Stipulation to Extend Time for to File Respondent's Answering Brief (First Request). 16-34621 11/07/2016 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Answering Brief due: December 7, 2016. 16-34630 12/08/2016 Brief Filed Respondent's Answering Brief. 16-37959 12/22/2016 Motion Filed Stipulation for Time Extension for Appellant's Reply Brief. 16-39890 12/22/2016 Notice/Outgoing Issued Notice Motion/Stipulation Approved. Reply Brief due: February 9, 2017. 16-39898 02/09/2017 Brief Filed Appellant's Reply Brief. 17-04731 02/09/2017 Case Status Update Briefing Completed/To Screening. 03/08/2017 Notice/Outgoing Issued Notice of Transfer to Court of Appeals. 17-07853 05/31/2017 Order/Dispositional Filed Order of Reversal and Remand. ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order. Court of Appeals-AS/JT/MG. 06/20/2017 Case Status Update Transferred from Court of Appeals. 06/20/2017 Post-Judgment Petition Filed Respondent's Petition for Review by the Nevada Supreme Court. 17-20363 09/28/2017 Order/Procedural Filed Order/Answer Petition for Review. Appellant's Answer due: 15 days. 17-32951 10/12/2017 Post-Judgment Petition Filed Appellant's Answer to Respondent's Petition for Review. 17-34924 12/04/2017 Notice/Incoming Filed Notice of Change of Address (Akerman LLP). 17-41629 12/05/2017 Notice/Incoming Filed Notice Of Appearance (Vatana Lay as counsel for the Appellant). 17-41731 06/22/2018 Post-Judgment Order Filed Order Granting Petition for Review. The petition for review is granted and this matter is submitted for decision on review. fn1[The Honorable Mark Gibbons, Justice, did not participate in the decision of this matter.] 18-23836 06/25/2018 Order/Procedural Filed Notice of Voluntary Disclosure. You are hereby notified that the undersigned, Mark Gibbons, Justice, is directly related to Michael Gibbons, Judge, who presided over this appeal in the Court of Appeals. The Supreme Court has vacated the decision of the Court of Appeals and granted de novo review of the district court decision. The undersigned has no bias for or against any party to this appeal. The undersigned makes this disclosure, however, so that any party who believes it is appropriate to request recusal may do so. Any recusal request should be made in writing within seven (7) days of the filing date of this Voluntary Disclosure. 18-24082 09/13/2018 Opinion/Dispositional Filed Authored Opinion. "Reversed and remanded." Before the Court En Banc. Author: Pickering, J. Majority: Pickering/Douglas/Cherry/Gibbons/Hardesty/Parraguirre/Stiglich. 134 Nev. Adv. Opn. No. 72. EN BANC 18-35748 10/02/2018 Post-Judgment Petition Filed Respondent's Petition for Rehearing. 18-38591 10/05/2018 Filing Fee Rehearing Filing Fee Paid. $150.00 from SFR Investments Pool, LLC. Check No. 3942. 10/05/2018 Order/Procedural Filed Order Directing Answer. Appellant's Answer to Petition for Rehearing due: 15 days. 18-39169 10/08/2018 Motion Filed Motion for Leave to File Brief of Amicus Curiae TRP Fund IV, LLC, in Support of Respondent SFR Investments Pool 1, LLC's Petition for Rehearing. 18-39302 10/08/2018 Motion Filed Motion for Leave to File Amicus Curiae Brief in Support of Petition for Rehearing (Saticoy Bay). 18-39351 10/11/2018 Order/Procedural Filed Order Granting Motions for Leave to File Amicus Curiae Briefs. The clerk of this court is directed to file the amicus curiae briefs received October 8, 2018, from TRP and Saticoy Bay, respectively. 18-40015 10/11/2018 Brief Filed Brief of Amicus Curiae of TRP Fund IV, LLC, in Support of Respondent SFR Investments Pool 1, LLC's Petition for Rehearing. 18-40016 10/11/2018 Brief Filed Brief of Amicus Curiae Saticoy Bay in Support of Respondent's Petition for Rehearing. 18-40017 10/19/2018 Motion Filed Motion for Leave to File Brief of Amicus Curiae, Pro Se Anthony S. Noonan, in Support of Respondent SFR Investments Pool 1, LLC's Petition for Rehearing. 18-41289 10/22/2018 Post-Judgment Petition Filed Appellant's Answer To Respondent's Petition For Rehearing. 18-41538 10/23/2018 Order/Procedural Filed Order Denying Motion. The clerk shall reject the proposed brief of amicus curiae received on October 19, 2018. 18-41571 10/30/2018 Motion Filed Shellpoint Mortgage Servicing's Motion To File Amicus Brief In Support Of Bank Of America, N.A.'s Response To Petition For Rehearing. 18-42483 10/31/2018 Order/Procedural Filed Order. On October 31, 2018, Shellpoint Mortgage Servicing filed a motion for leave to file an amicus brief in support of appellant's response to respondent's petition for rehearing. However, the proposed amicus brief was not submitted with the motion as required by NRAP 29(c). Therefore, we defer ruling on the motion. The amicus brief shall be submitted to the court by 5:00 p.m. on November 1, 2018, or the motion for leave to file an amicus brief will be denied. 18-42814 11/01/2018 Order/Procedural Filed Order Granting Motion for Leave to File Amicus Brief. The clerk of this court is directed to file the amicus curiae brief received November 1, 2018, from Shellpoint Mortgage Servicing. 18-42952 11/01/2018 Brief Filed Shellpoint Mortgage Servicing's Amicus Brief In Support Of Bank Of America, N.A.'S Response To Petition For Rehearing. 18-42953 11/13/2018 Post-Judgment Order Filed Order Amending Opinion and Denying Petition for Rehearing. On September 13, 2018, this court issued an opinion reversing and remanding in this matter, The opinion is amended as follows: On page 3, 427 P.3d at 117, section A is amended to include the following language at the end of the second sentence: "or cure a default." On page 7, 427 P.3d at 119, the first sentence in section D is amended to remove the word "discharged" and replace it with "cured the default on" and to replace the word "unenforceable" with "ineffective." On page 10, 427 P.3d at 120, section D(1) is amended as follows. The third sentence in the last paragraph of subsection 1 is amended to remove the word "discharged" and replace it with "cured the default and prevented foreclosure as to." The second-to-last sentence in that paragraph is amended to remove the word "discharges" and replace it with "satisfies." On page 12, 427 P.3d at 120-21, the following language in the last paragraph of section D(2) is deleted: The practical effect of requiring the first deed of trust holder to pay the tender into court is that a valid tender would no longer serve to discharge the superpriority portion of the lien. Instead, the tendering party would have to bring an action showing that the tender is valid and paid into court before the lien is discharged. With such conditions, a tendering party could only achieve discharge of the superpriority portion of the lien by litigation. That language is replaced with the following: The practical effect of requiring the first deed of trust holder to pay the tender into court is that a valid tender would no longer serve to cure the default on the superpriority portion of the lien. Instead, the tendering party would have to bring an action showing that the tender is valid and paid into court to avoid loss of its position through foreclosure of the superpriority portion of the lien. On page 12, 427 P.3d at 121, section E is amended to remove the word "discharged" in the first sentence and replace it with "satisfied." On page 13, 427 P.3d at 121, the first sentence in the fourth paragraph of section E, which starts with "Because Bank of America's valid tender," is amended to delete the word "discharged" and replace it with "cured the default as to." With these changes, "we deny rehearing." No further petitions may be filed. (SC). 18-903927 12/11/2018 Remittitur Issued Remittitur. (SC) 18-907971 12/11/2018 Case Status Update Remittitur Issued/Case Closed. (SC) 12/31/2018 Remittitur Filed Remittitur. Received by District Court Clerk on December 19, 2018. (SC) 18-907971 Combined Case View