SATICOY BAY, LLC SER. 34 INNISBROOK v. THORNBURG MORTG. SEC. TR. 2007-3

Citation: 2022 NV 35Docket: 80111

Court: Nevada Supreme Court; May 26, 2022; Nevada; State Supreme Court

Original Court Document: View Document

SummaryOriginalCytator Case TreatmentBackward CitatorAnalysis

EnglishEspañolSimplified EnglishEspañol Fácil

Case number 22-16707 is currently unavailable for viewing through the Nevada Appellate Courts Case Management System (C-Track). For a copy, contact the Clerk's Office at (775) 684-1600. The information provided should not be considered an official record, as only filed documents are viewable, and certain lower court documents may not be accessible. 

The case is titled "Saticoy Bay, LLC Series 34 Innisbrook vs. Thornburg Mortgage Securities Trust 2007-3" and falls under the jurisdiction of the Supreme Court, originating from the Eighth Judicial District of Clark County (Case A710161). It is classified as a civil appeal and is marked as closed with a remittitur issued. The submission date for the case was January 5, 2022, and it was submitted on briefs without oral argument.

The parties involved include:

- **Appellant**: Saticoy Bay, LLC Series 34 Innisbrook, represented by Christopher L. Benner and others from Roger P. Croteau & Associates, Ltd.
- **Respondents**: 
  - Frank Timpa and Madelaine Timpa, represented by Travis D. Akin and Bryan Naddafi from Lin Law Group and Avalon Legal Group LLC.
  - Las Vegas Valley Water District, represented by Gregory J. Walch.
  - Red Rock Financial Services, LLC, represented by David R. Koch and others from Koch, Scow, LLC.
  - Republic Services, represented by Drew J. Starbuck and Donald H. Williams from Williams Starbuck.
  - Spanish Trail Master Association, represented by Sean L. Anderson and Ryan D. Hastings from Leach Kern Gruchow Anderson Song/Las Vegas.
  - Thornburg Mortgage Securities Trust 2007-3, represented by multiple attorneys from various firms, including former representatives from Akerman LLP.
  - Timpa Trust, represented by Travis D. Akin and Bryan Naddafi from Lin Law Group and Avalon Legal Group LLC.

The case status indicates that it has been completed and is closed, with an en banc panel assigned on December 3, 2019.

Filing fees of $250 were paid by Roger P. Croteau on December 2, 2019, along with the filing of a Notice of Appeal, which was docketed in the Supreme Court. A Notice of Referral to the Settlement Program was issued the same day, pausing timelines for transcripts and briefs. On December 3, 2019, notices of appearance were filed by counsel for both the Respondent Thornburg Mortgage Securities Trust 2007-3 and co-counsel for Frank Timpa, Madelaine Timpa, and Timpa Trust. The case was assigned to the NRAP 16 Settlement Program with Patrick N. Chapin as the settlement judge. 

A Docketing Statement for Civil Appeals was filed on December 23, 2019. A report on January 9, 2020, indicated the case was suitable for mediation, with a settlement conference scheduled for April 17, 2020. Subsequent reports on April 3, May 11, and May 12, 2020, noted continuations of the settlement conference to May 28, 2020, and then to June 30, 2020.

On May 12, 2020, a motion to dismiss the appeal was filed by the Respondent Spanish Trail Master Association, followed by notices of appearance from new counsel for the Appellant. The Appellant filed an opposition to the motion to dismiss, and a joinder to the motion was filed by Respondent Red Rock Financial Services. The Respondent’s reply in support of the motion to dismiss was filed on May 26, 2020. Finally, on June 2, 2020, the court issued an order denying the motion to dismiss based on lack of jurisdiction.

Respondent Red Rock Financial Services, LLC filed a joinder to a motion opposed by the Appellant, which was subsequently denied without prejudice, allowing for renewal post-settlement. A Final Settlement Program Status Report is due by July 1, 2020, but the parties failed to reach a settlement by June 30, 2020. Following this, the court reinstated briefing procedures with specific deadlines for the Appellant, including a 14-day period to request transcripts and 90 days for the opening brief and appendix. A motion to dismiss the appeal was filed by Thornburg Mortgage Securities Trust 2007-3 on July 16, 2020. Extensions were granted for the Appellant to respond to this motion and to submit their transcript request. On August 3, 2020, a stipulation regarding the survival of the deed of trust and withdrawal of the motion to dismiss was filed and approved by the court, which took no action on the dismissed motion. Subsequently, on September 24, 2020, Spanish Trail Master Association renewed its motion to dismiss the appeal, with Red Rock Financial Services joining this motion on September 29, 2020. A stipulation for an extension of time for the Appellant to respond to the renewed motion was also approved on October 1, 2020.

Appellant's response to the motion to dismiss was due by October 15, 2020. On October 8, 2020, the Appellant filed a motion to extend the time to submit the opening brief and appendix, which was granted on October 9, 2020, allowing until November 23, 2020, for submission. Transcripts were filed on October 12, 2020, indicating delivery for various dates in 2018 and 2019. On October 15, 2020, the Appellant opposed the Respondent Spanish Trail Master Association's renewed motion to dismiss the appeal. A stipulation extending the time for the Respondent's reply was filed on October 22, 2020, and approved on October 26, extending the deadline to November 23, 2020. A second stipulation for an extension was filed on November 20, 2020. On November 23, 2020, multiple volumes of the Joint Appendix were filed. The Appellant subsequently requested a second extension for filing the opening brief on November 24, 2020, and the Respondent was given until December 7, 2020, to file a reply.

The briefing schedule for the appeal is currently suspended until further notice from the court. The appellant's request for additional time to submit the opening brief has been denied as moot. A series of motions and orders were filed, including a reply from the respondent Spanish Trail Master Association supporting their motion to dismiss the appeal, which was subsequently denied, allowing reinstatement of the briefing schedule. The appellant's opening brief was filed on January 29, 2021, following the granting of extensions for various parties involved. SFR Investments Pool 1 LLC was permitted to file an amicus curiae brief in support of the appellant, with responses from respondents due by March 15, 2021. Multiple extensions for filing answering briefs were granted to various respondents, culminating in a joint motion that extended the deadlines for filing answering briefs to April 15, 2021.

Appellant is required to file and serve a reply brief by August 13, 2021, if necessary, with a maximum length of 14,000 words. Noncompliance may lead to sanctions. The motions for time extensions by Spanish Trail Master Association and Thornburg Mortgage Securities Trust 2007-3 are deemed moot. Las Vegas Valley Water District has until April 15, 2021, to file its answering brief; if not filed on time, the appeal will proceed without it. Multiple respondent briefs were filed on April 15, 2021, including those from Red Rock Financial Services, Spanish Trail Master Association, and Thornburg Mortgage Securities Trust 2007-3. A brief from Timpa Trust was rejected for deficiencies, requiring correction within five days. An order issued on June 4, 2021, mandates Republic Services to file an answering brief within seven days, or the appeal will be resolved without its input. Appellant's reply brief was filed on August 13, 2021. Following procedural updates, on January 5, 2022, the appeal was submitted for decision, and on May 26, 2022, the court affirmed the decision. A rehearing petition was filed on June 13, 2022, and subsequently denied on July 1, 2022. The remittitur was issued on July 26, 2022, closing the case.