U.S. Bank N.A., v. 508 Brundy Island Trust

Filing 70

ORDER Granting 68 Stipulation. Signed by Magistrate Judge Cam Ferenbach on 2/28/2018. (Copies have been distributed pursuant to the NEF - MMM)

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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 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 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, 11 Plaintiff, STIPULATION AND ORDER 12 vs. 13 508 BRUNY ISLAND TRUST; WASHBURN CREEK ASSOCIATION, a Nevada non-profit 14 corporation, 15 16 Defendants. Defendant Washburn Creek Association (“Washburn Creek”), and Plaintiff U.S. Bank, 17 18 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: 20 WHEREAS, US Bank served Defendant Washburn Creek with Requests for Admission on 21 October 25, 2017; 22 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; 24 WHEREAS, Washburn Creek disputes this and has produced responses it contends were 25 timely and properly served; 26 WHEREAS, the parties agree that this is an issue of either oversight or problems with the 27 mail/service; 28 1 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. 7 WRIGHT FINLAY & ZAK LLP BOYACK ORME & ANTHONY 8 Dated this 28th day of February, 2018. Dated this 28th day of February, 2018. 12 /s/ Edgar C. Smith, Esq. Edgar C. Smith, Esq. Nevada Bar No. 005506 7785 W. Sahara Avenue, Suite 200 Las Vegas, NV 89117 13 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 9 10 11 14 15 16 17 ORDER IT IS SO ORDERED. 18 19 20 21 22 UNITED STATES MAGISTRATE JUDGE 2:15-cv-01666-GMN-VCF 2-28-2018 DATE: ______________________________ 23 24 25 26 27 28 2

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