First Savings Bank v. Simoneau et al

Filing 24

ORDER Granting 23 Response to Order to Show Cause. Signed by Judge Kent J. Dawson on 8/17/2011. (Copies have been distributed pursuant to the NEF - SLR)

Case 2:10-cv-00057-KJD-LRL Document 23

1

2
3
4

5

6

Filed 08/16/11 Page 1 of 3

CHRISTOPHER R. McCULLOUGH, ESQ.
Nevada Bar #1138
FRANK PEREZ, ESQ.
Nevada Bar #5738
McCULLOUGH, PEREZ & ASSOCIATES, LTD.
601 South Rancho Drive, #A-lO
Las Vegas, Nevada 89106
~70~ 385-7383

E~Ma~~0~?'~~1~1~~~;~1cpala\\.col11

E-Mail: li)rn:zfdmCpala\\.col11
Attorneys or PTaintl ff

7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9
10

FIRST SAVINGS BANK, a South Dakota
Corporation,

)

) CASE NO. 2:10-CV-000S7-KJD-LRL

)

11

Plaintiff,

)

12

13
14
15
16

vs.
CORY A SIMONEAU, KIM RUETER. KIM
RUETER COMPANY, an Iowa Corporation,
RED MOUNTAIN CONSTRUCTION AND
DEVELOPMENT. an Arizona Corporation,
DOES I-V.

17
18

Defendants.

)

)

)

)

)

)

)

)

)

)

-----------------------------)
19

PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE
20
21

Plaintiff. FIRST SAVINGS BANK., by and through its attorney, of the law firm of

22

McCULLOUGH & ASSOCIATES, LTD., hereby responds to the Order to Show Cause

23

filed by the Court on August 12,2011.

i

24
25
26

Said Response is made and based upon the papers and pleadings on file herein, and.
the Points and Authorities set forth below.

27
28
1 of 3

Case 2:10-cv-00057-KJD-LRL Document 23

Filed 08/16/11 Page 2 of 3

POINTS AND AUTHORITIES

2

During the course of the litigation, Plaintiff entered settlement discussions with

,..,

-'

Defendants which resulted in the previous dismissals. It is Plaintiffs intent to continue to

4

pursue CORY A. SIMONEAU and RED MOUNTAIN CONSTRUCTION AND

5

6
7

DEVELOPMENT (collectively "Defendants"), through a default in this matter.
Certain matters were in the development which potentially could have affected the

8

damages Plaintiff would have submitted in a default judgment. Those have been resolved
9
10

and Plaintiff is prepared to move forward with a default and application for a default

11

judgment against the remaining Defendants. Plaintiff anticipates having those actions

12

completed with 60 days of this tiling and request the Court not dismiss the matter but

13

rather allow Plaintiff time to secure the default and default judgment against the
14

15
16

remaining Defendants.
DATED this

/;; day of August, 2011.

17

Respectfully submitted.

18

MCCUL~PE

19

~

20

By:
CHRISTOPHER R.
Nevada Bar # 1138
FRANK PEREZ, ESQ.
Nevada Bar #5738
601 S. Rancho Drive, #A-l 0
Las Vegas, Nevada 89106
Attorneys for Plaintiff

21

22
23

24

26

IT IS SO ORDERED.
DATED: 8/17/11

27

28

______________________________
UNITED STATES DISTRICT JUDGE
20f3

OCIATES, LTD.

I