Motion For Stay

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MSTY DISTRICT COURT CLARK COUNTY, NEVADA _________________________, Petitioner, vs. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. Dept. No. Hearing Date: __________ Hearing Time:__________ _______________________ ________________________ Respondents. Motion for Stay Petitioner ______________ (hereinafter "Petitioner"), petitions this Court, pursuant to stay the Administrator of the Foreclosure Mediation Program from issuing a certificate providing that the mediation has been completed and staying any sale of the property in this matter. DATED this ____ day of ___________________________. Respectfully submitted: __________________________________ Print Name:________________________ Address:___________________________ __________________________________ Application for an Order Shortening Time The Petitioner requests that pursuant to EDCR 2.26 that the Court shorten the time of this hearing in this matter so the matter may be heard prior to the Administrator of the Foreclosure Mediation Program issuing a certificate that the mediation has been complete. The 1 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mediator in this matter issued the report of the mediator on ________________. The petitioner requests that the Motion for Stay be heard at the earliest possible time by the Court. I declare the forgoing under the penalties of perjury. DATED this ____ day of ___________________________. Respectfully submitted: __________________________________ Print Name:________________________ Address:___________________________ __________________________________ Order Granting Application for Order Shortening Time The Court having reviewed the Petitioner's Application for Order Shortening time on the Motion to Stay it appearing to the satisfaction of the Court, and good cause appearing therefore, IT IS HEREBY ORDERED that the time of the hearing Motion to Stay is shortened. The Motion to Stay is set for hearing on the ____ day of _______________, 2009 at the hour of __________ a.m. in Department 14 of the Eighth Judicial District Court. Petitioner is to immediately serve this Motion by Hand Delivery, Facsimile and/or Electronic Mail and file a certificate of service with this Court. DATED this ____ day of ___________________________. __________________________________ DISTRICT JUDGE Notice of Motion To: To: Defendant and their respective Counsel: The Administrator of the Foreclosure Mediation Program YOU, AND EACH OF YOU, WILL PLEASE TAKE NOTICE that the undersigned will 2 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 bring the Petitioner's Motion to Stay on for hearing before the above entitled Court on the day of ________________, 2009, at the hour of _____________ A, M., or as soon thereafter as the matter can be heard in Department 14 of the Eighth Judicial District Court. . Please take notice that the Petitioner's Motion to Stay will be heard on the ____ day of _______________, 2009 at the hour of __________ a.m. in Department 14 of the Eighth Judicial District Court. DATED this ____ day of ___________________________. Respectfully submitted: __________________________________ Print Name:________________________ Address:___________________________ __________________________________ Memorandum of Points and Authorities Petitioner ______________ (hereinafter "Petitioner"), petitions this Court, stay the Nevada Supreme Court Foreclosure Mediation Program from issuing a certificate providing that the mediation has been completed and staying any sale of the property in this matter. The mediation in this Matter is under case number ___________ and occurred on ____________. The Mediator submitted a Mediator's Statement to the Mediation Administrator reporting that the mediation was unsuccessful on ________________________. Pursuant to the mandate at NRS 107 as amended by AB 149, Section 1, Subsection 8 (2009), the Nevada Supreme Court entered an Order Adopting Foreclosure Mediation Rules. Rule 5(6)(e) states that "a party to the mediation" may file a "petition for judicial review" in district court seeking a determination of bad faith participation and sanctions. Here the mediator did not recommend sanctions. However, the record below and the Verified Petition contain a 3 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 sufficient basis for the Court to find that the Respondents failed. to participate in the mediation in good faith. The loss of title to the Petitioner's home at a foreclosure sale would cause irreparable harm for which compensatory damage is an inadequate remedy. As the Nevada Supreme Court found in Dixon v. Thatcher, 103 Nev. 414, 742 P.2d 1029 (1987); "real property and its attributes are considered unique and loss of real property rights generally results in irreparable harm" . The Court concluded that compensatory damages do not provide an adequate remedy and reversed the District Court's denial of a preliminary injunction to stop a foreclosure sale on 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED this ____ day of ___________________________. Conclusion Rule 5(6)(e) states that "a party to the mediation" may file a "petition for judicial review" in district court seeking a determination of bad faith participation and sanctions. The purpose of the Petition for Judicial Review will be lost if the stay is not granted. Petitioner requests that the bond in this matter be set at a reasonable amount. ______________________________________________________________________________ ______________________________________________________________________________ NRCP 65(c) requires a petitioner for a preliminary injunction to provide security, although this is a request for stay and not for injunctive relief, the Court has discretion to dispense it or to set any such security requirement at a nominal amount. the Dixon's home. This request for stay is based upon the facts presented in the Verified Petition for Judicial Review filed in this matter and the following additional facts: ______________________________________________________________________________ 4 American LegalNet, Inc. www.FormsWorkFlow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to NRS 53.045: Respectfully submitted: __________________