SFR Investments Pool 1, LLC v. Federal National Mortgage Association
| SFR Investments Pool 1, LLC |
| Federal National Mortgage Association |
| 2:2023cv01348 |
| August 29, 2023 |
| US District Court for the District of Nevada |
| Nancy J Koppe |
| Gloria M Navarro |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity-Petition to Quiet Title |
| None |
Docket Report
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Filing 28
ORDER granting #27 Stipulation to Extend Response and Reply Deadlines. SFR shall have until October 31, 2023 to file its reply in support of motion forpreliminary injunction. ECF #8 and #9 . SFR shall have until October 31, 2023 to file its response to the motion to dismiss ECF #23 and motion to expunge ECF #24 . Fannie Mae shall have until November 14, 2023, to file its replies in support of motion to dismiss and motion to expunge. Signed by Judge Gloria M. Navarro on 10/10/2023. (Copies have been distributed pursuant to the NEF - CT)
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| Filing 27 STIPULATION FOR EXTENSION OF TIME (First Request) by Plaintiff SFR Investments Pool 1, LLC. (Hanks, Karen) (extend) (sumjgm) |
| Filing 26 RESPONSE to #9 Motion for Preliminary Injunction by Defendant Federal National Mortgage Association. Replies due by 10/6/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Dove, Kelly) |
| Filing 25 RESPONSE to #8 Motion for TRO by Defendant Federal National Mortgage Association. Replies due by 10/6/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Dove, Kelly) |
| Filing 24 MOTION to Expunge Lis Pendens by Defendant Federal National Mortgage Association. Responses due by 10/10/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Dove, Kelly) |
| Filing 23 MOTION to Dismiss by Defendant Federal National Mortgage Association. Responses due by 10/10/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Dove, Kelly) |
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Filing 22
ORDER Granting #19 Stipulation to Extend Deadlines and to Continue Hearing Date. Accordingly, the Court VACATES the hearing set for September 14, 2023, at 10:00 A.M. The Court will set a hearing at a later date if the Court determines a hearing is necessary after the motions are fully briefed. Signed by Judge Gloria M. Navarro on 9/13/2023.(Copies have been distributed pursuant to the NEF - AMMi)
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Filing 21
ORDER Granting #18 Stipulation to Extend Deadlines to Respond to #8 Motion for TRO, #9 Motion for Preliminary Injunction. Responses due by 9/29/2023. SFR shall have until Octover 18, 2023, to file its Reply in Support of the Motion. Replies due by 10/18/2023. Signed by Judge Gloria M. Navarro on 9/13/2023. (Copies have been distributed pursuant to the NEF - AMMi)
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| Filing 20 Pending before the Court is the #8 Emergency Motion for Temporary Restraining Order and #9 Emergency Motion for Preliminary Injunction. Pursuant to the parties' #19 Stipulation, this matter no longer requires an emergency hearing. Accordingly, the Court VACATES the hearing set for September 14, 2023, at 10:00 A.M. The Court will set a hearing at a later date if the Court determines a hearing is necessary after the motions are fully briefed. (Copies have been distributed pursuant to the NEF - CMD) Modified on 9/14/2023 added docket number (WJ). |
| Filing 19 STIPULATION TO CONTINUE (First Request) re 13 Minute Order Setting Hearing on Motion,, by Plaintiff SFR Investments Pool 1, LLC. (Schimming, Chantel) (continue) (presiding) |
| Filing 18 STIPULATION FOR EXTENSION OF TIME (First Request) re #9 Motion for Preliminary Injunction, #8 Motion for TRO, 11 Minute Order,,,,,, by Plaintiff SFR Investments Pool 1, LLC. (Schimming, Chantel) (extend) (nondispositive) |
| Filing 17 SUMMONS Returned Executed by SFR Investments Pool 1, LLC re #10 Summons Issued. Federal National Mortgage Association served on 9/5/2023. (Hanks, Karen) |
| Filing 16 RESPONSE to #9 Motion for Preliminary Injunction by Defendant Federal National Mortgage Association. Replies due by 9/19/2023. (Attachments: #1 Exhibit 1)(Dove, Kelly) |
| Filing 15 RESPONSE to #8 Motion for TRO by Defendant Federal National Mortgage Association. Replies due by 9/19/2023. (Attachments: #1 Exhibit 1)(Dove, Kelly) |
| Filing 14 CERTIFICATE of Interested Parties by Federal National Mortgage Association. There are no known interested parties other than those participating in the case (Dove, Kelly) |
| Filing 13 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 9/5/2023. Pending before the Court is the #8 Emergency Motion for Temporary Restraining Order and #9 Emergency Motion for Preliminary Injunction, filed by Plaintiff SFR Investments Pool 1, LLC. IT IS HEREBY ORDERED that the parties shall appear for an in-person hearing on September 14, 2023, at 10:00 AM in LV Courtroom 7D before Judge Gloria M. Navarro to address the merits of Plaintiff's #8 and #9 Motions. (no image attached) (Copies have been distributed pursuant to the NEF - CMD) |
| Filing 12 STANDING ORDER. This case has been assigned to the Honorable Judge Gloria M. Navarro. Judge Navarro's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - NEV) |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Judge Gloria M. Navarro on 9/2/2023. Pending before the Court is the #8 Emergency Motion for Temporary Restraining Order ("TRO") and #9 Emergency Motion for Preliminary Injunction, filed by Plaintiff SFR Investments Pool 1, LLC. Plaintiff alleges that it is the title owner of a property that Fannie Mae intends to sell at a trustee's sale currently scheduled for September 15, 2023. In light of the upcoming trustee's sale, the Court agrees that the Motions should be handled on an emergency basis. The Court, however, declines to impose a TRO ex parte. "An ex parte motion or application must articulate the rule that permits ex parte filing and explain why it is filed on an ex parte basis." LR IA 7-2(b). Plaintiff notes that "ex parte restraining orders are no doubt necessary in certain circumstances," (Mot. TRO at 7 n.6 (quoting Granny Goose Foods Inc. v. Brotherhood of Teamsters, 415 U.S. 423, 439 (1964)), but fails to explain why an ex parte TRO is necessary here. Accordingly, the Court will defer ruling on the #8 and #9 Motions until Defendant has had an opportunity to respond. IT IS HEREBY ORDERED that Plaintiff shall serve the #8 and #9 Motions on Defendant by September 7, 2023. IT IS FURTHER ORDERED that Defendant shall have until September 12, 2023, to respond. Plaintiff may file a Reply by September 13, 2023.(Copies have been distributed pursuant to the NEF - CMD) |
| Filing 10 SUMMONS ISSUED as to Federal National Mortgage Association. (AMMi) |
| Filing 9 Emergency MOTION for Preliminary Injunction by Plaintiff SFR Investments Pool 1, LLC. Responses due by 9/15/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schimming, Chantel) |
| Filing 8 Emergency MOTION for Temporary Restraining Order by Plaintiff SFR Investments Pool 1, LLC. Responses due by 9/15/2023. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schimming, Chantel) |
| Filing 7 NOTICE of Corrected Image/Document re #6 Amended Complaint by Plaintiff SFR Investments Pool 1, LLC. (Service of corrected image is attached.). (Schimming, Chantel) |
| Filing 6 AMENDED COMPLAINT against All Defendants by SFR Investments Pool 1, LLC. No changes to parties. (Schimming, Chantel) |
| Filing 5 CERTIFICATE of Interested Parties by SFR Investments Pool 1, LLC that identifies all parties that have an interest in the outcome of this case. Corporate Parent John Gibson, Corporate Parent SFR Investments, LLC, Corporate Parent SFR Funding, LLC, Corporate Parent Xiemen Limited Partnership, Corporate Parent Xiemen Investments, Ltd. for SFR Investments Pool 1, LLC added. (Schimming, Chantel) |
| Filing 4 NOTICE: Attorney Action Required to #2 Certificate of Interested Parties. Attorney Chantel Schimming advised to refile your certificate of interested parties. Page 1 and 2 of document 2 states that there are a parent company and corporate affiliates, i.e. SFR Investments, LLC and others. The certificate of interested party entry has a clear warning in the entry stating: "Please Note: you must add ALL Corporate Parents and/or Corporate Affiliates to the case. Failing to add all interested parties listed on the certificate will result in a notice from the court." Furthermore, LR 7.1-1 (a), in regard to certificate of interested parties, states in part: "These representations are made to enable judges of the Court to evaluate possible disqualifications or recusal. Therefore, it is requested that you properly refile your certificate of interested parties. (no image attached) (WJ) |
| Case randomly assigned to Judge Gloria M. Navarro and Magistrate Judge Nancy J. Koppe. ***Emergency motion previously filed in case.*** (AMMi) |
| Filing 3 NOTICE of Lis Pendens by Plaintiff SFR Investments Pool 1, LLC. . (Schimming, Chantel) |
| Filing 2 CERTIFICATE of Interested Parties by SFR Investments Pool 1, LLC. There are no known interested parties other than those participating in the case. (Schimming, Chantel) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number ANVDC-7410605) by SFR Investments Pool 1, LLC. Certificate of Interested Parties due by 9/8/2023. Proof of service due by 11/27/2023. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons (to be issued)) (Schimming, Chantel) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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