Christiana Trust v. 9796 Mount Cupertino Trust, et al

Filing 48

ORDER Granting 45 Stipulation for Extension of Time re 44 Motion to Dismiss (First Request). Responses due by 5/28/2019. Signed by Judge Richard F. Boulware, II on 5/14/2019. (Copies have been distributed pursuant to the NEF - MR)

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WRIGHT, FINLAY & ZAK, LLP
Robert A. Riether, Esq.
Nevada Bar No. 12076
Rock K. Jung, Esq.
Nevada Bar No. 10906
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, as
substituted party for Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not
in its individual capacity but as Trustee of ARLP Trust 3

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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U.S. BANK TRUST, N.A., AS TRUSTEE FOR Case No.: 2:15-cv-02295-RFB-NJK
LSF9 MASTER PARTICIPATION TRUST,
STIPULATION AND ORDER TO EXTEND
Plaintiff,
TIME TO RESPOND TO 9796 MOUNT
CUPERTINO TRUST & KENNETH
vs.
BERBERICH’S MOTION TO DISMISS
U.S. BANK’S FIRST AMENDED
9796 MOUNT CUPERTINO TRUST,
COMPLAINT
KENNETH BERBERICH AS TRUSTEE, an
unknown entity; DOES I through X; and ROE [FIRST REQUEST]
CORPORATIONS I through X, inclusive,
Defendants.

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Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust as
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substituted party for Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not

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in its individual capacity but as Trustee of ARLP Trust 3, (“U.S. Bank”), and Defendant, 9796

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Mount Cupertino Trust and Kenneth Berberich, as Trustee (hereinafter “Cupertino Trust” or

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“Buyer”), by and through their respective counsels of record, hereby stipulate as follow:

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STIPULATION
1. Buyer filed its Motion to Dismiss (“Motion”) on April 28, 2019 [EFC No. 44]

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2. Current deadline to file the response to the Motion is May 13, 2019.
3. U.S. Bank requests additional time to file a response to the Motion and the Buyer
does not object to the request.
4. Therefore, the parties agree that U.S. Bank’s response to the Motion is now due on or

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before May 28, 2019.

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DATED this 13th day of May, 2019.

DATED this 13th day of May, 2019.

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WRIGHT, FINLAY & ZAK, LLP

AYON LAW, PLLC

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/s/ Rock K. Jung, Esq. _________
Robert A. Riether, Esq.
Nevada Bar No. 12076
Rock K. Jung, Esq.
Nevada Bar No. 10906
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorneys for Plaintiff, U.S. Bank Trust, N.A.,
as Trustee for LSF9 Master Participation
Trust, as substituted party for Christiana
Trust, a division of Wilmington Savings Fund
Society, FSB, not in its individual capacity but
as Trustee of ARLP Trust 3

/s/ Luis A. Ayon/, Esq. _____
Luis A. Ayon, Esq.
Nevada Bar No. 9752
8716 Spanish Ridge Avenue,
Las Vegas, Nevada 89148
Attorneys for 9796 Cupertino Trust and
Kenneth Berberich, as Trustee

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Case Number: 2:15-cv-02295

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ORDER
IT IS SO ORDERED.

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Dated this ___ day of ___________, 2019.
14th
May

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________________________________
RICHARD F. BOULWARE, II
UNITED _________________________________
STATES DISTRICT JUDGE

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JUDGE’S SIGNATURE
DATED this

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Submitted by:

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WRIGHT, FINLAY & ZAK, LLP
/s/ Rock K. Jung, Esq. _______
Robert A. Riether, Esq.
Nevada Bar No. 12076
Rock K. Jung, Esq.
Nevada Bar No. 10906
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorneys for Plaintiff, U.S. Bank Trust, N.A.,
as Trustee for LSF9 Master Participation
Trust, as substituted party for Christiana Trust,
a division of Wilmington Savings Fund Society,
FSB, not in its individual capacity but as Trustee
of ARLP Trust 3

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