U.S. Bank Trust, N.A. v. Ski Way Trust et al

Filing 71

ORDER granting ECF No. 70 Stipulation : Reply to ECF No. 65 Response re ECF No. 60 MOTION to Dismiss due by 8/15/2017. Signed by Judge Miranda M. Du on 8/10/2017. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 Kerry P. Faughnan, Esq., NSB #12204 P.O. Box 335361 North Las Vegas, NV 89033 (702) 301-3096 (702) 331-4222- Fax Kerry.faughnan@gmail.com Attorneys for Defendant, Ski Way Trust 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 10 11 12 13 U.S. BANK TRUST, N.A. AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST, Plaintiff, vs. SKI WAY TRUST; MOUNTAIN SHADOWS OF INCLINE; DOE Individual I-X inclusive; and ROE business entities XI-XX inclusive, Defendants. Case No.: 2:16-cv-00066-MMD-GWF AMENDED STIPULATION AND ORDER EXTENDING THE DEADLINE FOR SKI WAY TRUST TO FILE A REPLY TO U.S. BANK’S OPPOSITION TO SKI WAY TRUST’S MOTION TO DISMISS (First Request) 14 15 IT IS HEREBY STIPULATED between U.S. Bank Trust, N.A. as Trustee for LSF9 16 Master Participation Trust (hereinafter “U.S. Bank”) and Mountain Shadows of Incline 17 (hereinafter “Defendant” or “The Association”) and Ski Way Trust (hereinafter “Defendant” or 18 “Ski Way”), by and through their undersigned counsel, to extend the deadline for Ski Way Trust 19 to Reply to U.S. Bank’s Opposition to Ski Way’s Motion to Dismiss. This request is made based 20 on the fact that Counsel for Ski Way Trust has numerous appellate briefs due at the same time 21 and is a sole practitioner and has no associates to draft and file the Reply. 22 WHEREAS, 23 1. On July 4, 2017, Defendant SKI WAY TRUST filed its Motion to Dismiss. 24 2. On August 1, 2017, U.S. Bank filed its Opposition to U.S. Bank’s Motion to Dismiss. 25 3. The deadline for Defendant, Ski Way Trust to file its Reply to U.S. Bank’s 26 Opposition to Ski Way Trust’s Motion to Dismiss is presently set for August 8, 2017. 27 IT IS HEREBY STIPULATED AND AGREED that Ski Way Trust shall have up to and 28 including August 15, 2017 to file its Reply to Opposition to Motion to Dismiss. Page 1 of 3 1 2 3 4 5 6 7 8 9 IT IS SO STIPULATEDAND AGREED. DATED this 8th day of August, 2017. DATED this 8th day of August, 2017. WRIGHT, FINLAY & ZAK, LLP KERRY P. FAUGHNAN, ESQ. /s/ Rock K. Jung, Esq.______ Rock K. Jung, Esq. Nevada Bar No. 10906 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 Attorneys for U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust /s/ Kerry P. Faughnan, Esq. Kerry P. Faughnan, Esq. Nevada Bar No. 12204 P.O. Box 335361 North Las Vegas, NV 89033 Attorney for Ski Way Trust DATED this 8th day of August, 2017. 10 11 12 13 14 15 16 17 18 19 LIPSON NEILSON COLE SELTZER & GARIN, P.C. /s/ Peter E. Dunkley, Esq. David T. Ochoa, Esq. Nevada Bar No. 10414 Peter E. Dunkley, Esq. Nevada Bar No. 11110 9900 Covington Cross Dr., Suite 120 Las Vegas, NV 89144 Attorneys for Mountain Shadows of Incline ORDER IT IS SO ORDERED. 10th DATED this __ day of August, 2017. 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT JUDGE Respectfully Submitted by: /s/ Kerry P. Faughnan Kerry P. Faughnan, Esq., NSB #12204 P.O. Box 335361 North Las Vegas, NV 89033 (702) 301-3096 (702) 331-4222- Fax Kerry.faughnan@gmail.com Attorneys for Defendant, Ski Way Trust Page 2 of 3 Case 2:16-cv-00066-MMD-GWF Document 70 Filed 08/09/17 Page 3 of 3 1 CERTIFICATE OF SERVICE 2 Pursuant to NRCP 5(b), I certify that on this 8th day of August, 2017, I did cause a true 3 copy of STIPULATION AND ORDER TO EXTEND THE TIME FOR SKI WAY TRUST TO 4 FILE A REPLY TO U.S. BANK’S OPPOSITION TO SKI WAY TRUST’S MOTION TO 5 DISMISS, to be electronically served to all parties and counsel as identified on the Court- 6 generated Notice of Electronic Filing, and/or by depositing a true and correct copy in the United 7 States Mail, addressed as follows: 8 9 10 /s/Kerry P. Faughnan______ Kerry P. Faughnan, Esq. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 of 3

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