Christiana Trust v. 9796 Mount Cupertino Trust, et al

Filing 64

ORDER Granting 63 Joint Motion to Extend Time re 62 Minute Order. Signed by Judge Richard F. Boulware, II on 9/16/2019. (Copies have been distributed pursuant to the NEF - MR)

1
2
3
4
5
6
7

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, Wilmington Trust, National Association, not in its Individual Capacity but
as Trustee of ARLP Securitization Trust, Series 2014-11
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

8
9
10
11
12

WILMINGTON TRUST, NATIONAL
ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT AS TRUSTEE OF ARLP
SECURITIZATION TRUST, SERIES 2014-11,
Plaintiff,

13
14
15
16
17
18
19
20

Case No.: 2:15-cv-02295-RFB-NJK
JOINT MOTION TO EXTEND TIME TO
FILE STIPULATION AND ORDER FOR
DISMISSAL

vs.
9796 MOUNT CUPERTINO TRUST,
KENNETH BERBERICH AS TRUSTEE, an
unknown entity; VIA VALENCIA / VIA
VENTURA HOMEOWNER’S
ASSOCIATION, a domestic non-profit
corporation; DOES I through X; and ROE
CORPORATIONS I through X, inclusive,
Defendants.

21
22

Plaintiff, Wilmington Trust, National Association, not in its Individual Capacity but as

23

Trustee of ARLP Securitization Trust, Series 2014-11 (“Wilmington”), Defendant, 9796 Mount

24

Cupertino Trust, Kenneth Berberich as Trustee (“Cupertino Trust”), and Defendant, Via

25

Valencia/Via Ventura Homeowners Association (“HOA”) (Plaintiff, Cupertino Trust and HOA

26

are collectively referred to as the “Parties”), by and through their counsel of record, hereby

27

submit this Motion to Extend Time to File Stipulation and Order for Dismissal.

28

Page 1 of 3

1

Pursuant to the Minute Order entered on July 30, 2019 [ECF No. 62], the Parties are to

2

file a Stipulation for Dismissal or a Joint Motion to Extend Time to file a Stipulation for

3

Dismissal by September 13, 2019.

4

At this time, the Parties are not ready to dismiss the instant action, however, progress has

5

been made toward settlement. The Parties have all executed a Confidential Settlement and

6

Release Agreement (the “Agreement”), but the parties still need to exchange settlement funds

7

and record all releases required by the Agreement.

8
9
10

WHEREFORE, the Parties jointly move for an additional sixty days to complete
settlement and file their Stipulation for Dismissal.
Dated this 13th day of September, 2019.

11
12
13
14
15
16
17
18
19
20

WRIGHT, FINLAY & ZAK, LLP

AYON LAW, PLLC

/s/ Rock K. Jung
/s/ Luis A. Ayon
Luis A. Ayon, Esq.
Robert A. Riether, Esq.
Nevada Bar No. 9752
Nevada Bar No. 12076
8716 Spanish Ridge Avenue
Rock K. Jung, Esq.
Nevada Bar No. 10906
Las Vegas, NV 89148
7785 W. Sahara Ave., Suite 200
Attorney for Defendant, 9796 Cupertino
Las Vegas, Nevada 89117
Trust and Kenneth Berberich as Trustee
Attorneys for Plaintiff, Wilmington Trust,
National Association, not in its Individual
Capacity but as Trustee of ARLP Securitization IT IS SO ORDERED:
Trust, Series 2014-11

21
22
23
24
25
26
27

HALL, JAFFE & CLAYTON, LLP
/s/ Ashlie L. Surur
Ashlie L. Surur, Esq.
Nevada Bar No. 11290
7425 Peak Drive
Las Vegas, NV 89148
Attorneys for Defendant, Via Valencia/Via
Ventura Homeowner’s Association

________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE
DATED this 16th day of September, 2019.

28

Page 2 of 3

CERTIFICATE OF SERVICE

1
2
3
4
5

I HEREBY CERTIFY that I am an employee of WRIGHT, FINLAY & ZAK, LLP; that
service of the foregoing JOINT MOTION TO EXTEND TIME TO FILE STIPULATION
AND ORDER FOR DISMISSAL was made on the 13th day of September, 2019, to all parties
on the CM/ECF service list.

6

Ashlie L. Surur

7

Dana Jonathon Nitz [e-mail], [e-mail],
[e-mail]

8
9
10
11
12
13
14
15
16
17
18

[e-mail], [e-mail]

Luis Alonso Ayon [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail]
Natalie C. Lehman [e-mail], [e-mail],
[e-mail]
Paterno C. Jurani [e-mail], [e-mail],
[e-mail]
Robert A Riether [e-mail], [e-mail],
[e-mail]
Rock K. Jung [e-mail], [e-mail],
[e-mail]

19
20

/s/ Jason Craig
An Employee of WRIGHT, FINLAY & ZAK, LLP

21
22
23
24
25
26
27
28

Page 3 of 3