Goldsmith Enterprises LLC v. US Bank, NA, et al

Filing 20

ORDER granting 17 Motion to Substitute Party. Signed by Magistrate Judge Peggy A. Leen on 10/13/15. (Copies have been distributed pursuant to the NEF - EW)

Case 2:15-cv-00991-MMD-PAL Document 17 Filed 09/28/15 Page 1 of 3

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
CHRISTINE M. PARVAN, ESQ.
Nevada Bar No. 10711
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Defendant U.S. Bank, N.A.
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AKERMAN LLP

UNITED STATES DISTRICT COURT

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1160 Town Center Drive, Suite 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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DISTRICT OF NEVADA

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GOLDSMITH ENTERPRISES LLC., a Nevada
Limited liability company,
Plaintiff,

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Case No.:

2:15-cv-00991-MMD-PAL

JOINT MOTION
PARTY

TO

SUBSTITUTE

v.
U.S. BANK, N.A., form and type of entity
unknown;
ABSOLUTE
COLLECTION
SERVICES, LLC., a Nevada Limited, liability
company; DOES I through X and ROB
BUSINESS ENTITIES I through X, inclusive,
Defendants.

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Plaintiff Goldsmith Enterprises, LLC and its counsel, Joseph Hong, Esq. together with U.S.

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Bank, N.A., and its counsel Melanie D. Morgan, Esq. and of the law firm of AKERMAN LLP, move
this Court for an order substituting U.S. Bank, National Association as Trustee for Harborview
Mortgage Loan Trust 2005-8, Mortgage Loan Pass-Through Certificates, Series 2005-8 as partydefendant in the place of the named defendant, "U.S. Bank, N.A., form and type of entity known".
In support, the parties state:
…
…
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Case 2:15-cv-00991-MMD-PAL Document 17 Filed 09/28/15 Page 2 of 3

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1.

Effective May 18, 2011, Beazer Mortgage Corporation, through Mortgage Electronic

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Registration Systems, Inc., assigned its right, title and interest in the deed of trust at issue in the

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instant case to U.S. Bank, National Association as Trustee for Harborview Mortgage Loan Trust

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2005-8, Mortgage Loan Pass-Through Certificates, Series 2005-8 pursuant to an Assignment of

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Deed of Trust (Assignment) recorded in the Office of the Clark County Recorder as Instrument

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201105180000640. A copy of the Assignment is attached as Exhibit A.

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2.

Based on the foregoing, U.S. Bank, National Association as Trustee for Harborview

owner and holder of the deed of trust at issue in the instant action and is therefore the real party in

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AKERMAN LLP

Mortgage Loan Trust 2005-8, Mortgage Loan Pass-Through Certificates, Series 2005-8 is now the

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1160 Town Center Drive, Suite 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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interest. As a result, U.S. Bank, National Association as Trustee for Harborview Mortgage Loan

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Trust 2005-8, Mortgage Loan Pass-Through Certificates, Series 2005-8 should be substituted for

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"U.S. Bank, N.A., form and type of entity known" as party-defendant and counterclaimant.

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3.

As a result of the substitution of party-defendant and counterclaimant, the case

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caption should be amended to read: Goldsmith Enterprises, LLC, a Nevada limited liability

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company, Plaintiff/Counter-defendant, and U.S. Bank, National Association as Trustee for

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Harborview Mortgage Loan Trust 2005-8, Mortgage Loan Pass-Through Certificates, Series 2005-8

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Defendant/Counterclaimant.

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4.

No prejudice will result from the granting of this joint motion.

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Plaintiff Goldsmith Enterprises, LLC and its counsel, Joseph Hong, Esq. and Defendant U.S.

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Bank, National Association as Trustee for Harborview Mortgage Loan Trust 2005-8, Mortgage Loan

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Pass-Through Certificates, Series 2005-8 and its counsel, Melanie D. Morgan, Esq. of Akerman

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LLP respectfully request this Court enter an order substituting U.S. Bank, National Association as

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Trustee for Harborview Mortgage Loan Trust 2005-8, Mortgage Loan Pass-Through Certificates,

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Series 2005-8 as party-defendant in the place of "U.S. Bank, N.A., form and type of entity known"

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and grant any other relief this Court deems just and proper.

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…

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Case 2:15-cv-00991-MMD-PAL Document 17 Filed 09/28/15 Page 3 of 3

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DATED this 28th day of September, 2015
AKERMAN LLP

DATED this 28th day of September, 2015.
HONG & HONG APLC

/s/ Melanie D. Morgan, Esq.________________
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
ALLISON R. SCHMIDT, ESQ.
Nevada Bar No. 10743
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Telephone: [phone]
Facsimile: [phone]

/s/ Joseph Y. Hong, Esq._________
JOSEPH Y. HONG, ESQ.
NEVADA BAR. NO. 5995
10781 West Twain Avenue
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile : [phone]

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AKERMAN LLP

1160 Town Center Drive, Suite 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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Attorneys for [proposed] Defendant U.S. Bank, Attorneys for Plaintiff Goldsmith Enterprises
National Association as Trustee for Harborview LLC
Mortgage Loan Trust 2005-8, Mortgage Loan
Pass-Through Certificates, Series 2005-8

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ORDER
IT IS SO ORDERED.

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__________________________________________
UNITED STATES MAGISTRATE PEGGY LEEN
October 13, 2015
DATED: __________________________________

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