U.S. Bank N.A., v. 508 Brundy Island Trust
Filing
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ORDER Granting 68 Stipulation. Signed by Magistrate Judge Cam Ferenbach on 2/28/2018. (Copies have been distributed pursuant to the NEF - MMM)
1 EDWARD D. BOYACK, ESQ.
Nevada Bar No. 005229
2 ADAM J. BREEDEN, ESQ.
Nevada Bar No. 008768
3 BOYACK ORME & ANTHONY
7432 W. Sahara Ave., Suite 101
4 Las Vegas, NV 89117
Phone: 702.562.3415
5 Fax: 702.562.3570
E-Mail: ted@boyacklaw.com
6 E-Mail: adam@boyacklaw.com
Attorneys for Washburn Creek Ass’n
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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U.S. BANK, N.A., AS TRUSTEE FOR THE
10 CMLT1 ASSET BACKED PASS-THROUGH Case No.:
2:15-cv-01666-GMN-VCF
CERTIFICATES, SERIES 2007-AMC3,
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Plaintiff,
STIPULATION AND ORDER
12 vs.
13 508 BRUNY ISLAND TRUST; WASHBURN
CREEK ASSOCIATION, a Nevada non-profit
14 corporation,
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Defendants.
Defendant Washburn Creek Association (“Washburn Creek”), and Plaintiff U.S. Bank,
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N.A., As Trustee for the CMLT1 Asset Backed Pass-Through Certificates Series 2007-AMC3
19 (“U.S. Bank”), by and through their respective attorneys of record, stipulate and agree as follows:
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WHEREAS, US Bank served Defendant Washburn Creek with Requests for Admission on
21 October 25, 2017;
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WHEREAS, US Bank later took the position in its Motion for Summary Judgment that the
23 Requests for Admission had not been timely answered by Washburn Creek;
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WHEREAS, Washburn Creek disputes this and has produced responses it contends were
25 timely and properly served;
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WHEREAS, the parties agree that this is an issue of either oversight or problems with the
27 mail/service;
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THEREFORE, it is stipulated by and between US Bank and Washburn Creek only that the
2 Requests for Admission Washburn Creek believes it mailed on November 27, 2017 shall be
3 deemed timely and that US Bank withdraws its assertion at page 5 of its Motion for Summary
4 Judgment [ECF No. 53] that Washburn Creek failed to timely respond to Requests for
5 Admissions. Similar assertions against 508 Bruny Island Trust remain unaffected by this
6 stipulation.
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WRIGHT FINLAY & ZAK LLP
BOYACK ORME & ANTHONY
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Dated this 28th day of February, 2018.
Dated this 28th day of February, 2018.
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/s/ Edgar C. Smith, Esq.
Edgar C. Smith, Esq.
Nevada Bar No. 005506
7785 W. Sahara Avenue, Suite 200
Las Vegas, NV 89117
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Attorneys for Plaintiff
/s/ Edward D. Boyack, Esq._______
Edward D. Boyack, Esq.
Nevada Bar No. 5229
Adam J. Breeden, Esq.
Nevada Bar No. 8768
7432 W. Sahara Ave., Suite 101
Las Vegas, Nevada 89117
Attorney for Defendant
Washburn Creek Association
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ORDER
IT IS SO ORDERED.
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UNITED STATES MAGISTRATE JUDGE
2:15-cv-01666-GMN-VCF
2-28-2018
DATE: ______________________________
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