Alessi & Koenig, LLC v. Dolan, Jr. et al

Filing 44

ORDER that 43 Motion to Compel is GRANTED. Alessi & Koenig, LLC must deposit $60,100.00 with the Clerk of Court within 7 days from the date of this order. Signed by Magistrate Judge Carl W. Hoffman on 12/6/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ALESSI & KOENIG, LLC

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Plaintiff,
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v.
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ALFRED T. DOLAN, JR., et al,
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Defendants.
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_______________________________________ )
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Case No. 2:15-cv-00805-JCM-CWH

ORDER

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Presently before the court is Defendant Federal National Mortgage Association’s motion to

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compel (ECF No. 43), filed on November 3, 2016. Plaintiff Alessi & Koenig, LLC has not filed a

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response.

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Defendant requests that the court order Plaintiff to deposit $60,100.00 with the Clerk of the

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Court until the quiet title claims in this case are resolved and the proper amount due to all claimants

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has been determined. Defendant represents that this amount represents the full proceeds from

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Plaintiff’s sale of the property located at 10250 Sun Dusk Lane, Las Vegas, Nevada 89144. The

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parties in this case contest ownership of part or all of these proceeds. To date, Plaintiff has not

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responded to Defendant’s motion.

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Under Local Rule 7-2(d), the “failure of an opposing party to file points and authorities in

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response to any motion, except a motion under Fed. R. Civ. P. 56 or a motion for attorney’s fees,

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constitutes a consent to the granting of the motion.”

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IT IS THEREFORE ORDERED that Defendant’s motion to compel (ECF No. 43) is

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GRANTED. Alessi & Koenig, LLC must deposit $60,100.00 with the Clerk of Court within 7 days

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from the date of this order. The Clerk of Court will hold the deposit until the court determines the

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amount due to all parties.

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DATED: December 6, 2016.

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C.W. Hoffman, Jr.
United States Magistrate Judge