Bank of America, N.A. v. Log Cabin Ponderosa Homeowners Association et al

Filing 51

ORDER that 43 Report and Recommendation is WITHDRAWN and the hearing scheduled for August 2, 2016 is hereby VACATED. FURTHER ORDERED that 47 Plaintiff's Motion to Strike is DENIED as moot. Lastly, the Court CAUTIONS Defendant TRP Fund V, LLC and its counsel, John Henry Wright, that they are required to fully comply with all orders and applicable rules moving forward. Failure to do so may result in the imposition of sanctions. Signed by Magistrate Judge Nancy J. Koppe on 7/26/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BANK OF AMERICA, N.A.,

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Plaintiff(s),

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vs.

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LOG CABIN PONDEROSA HOMEOWNERS
ASSOCIATION, et al.,

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Defendant(s).
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Case No. 2:16-cv-00386-JCM-NJK
ORDER
(Docket Nos. 43, 47)

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Pending before the Court is a filing by Defendant TRP Fund V, LLC in response to the order

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setting a hearing regarding subject matter jurisdiction. Docket No. 50. Among other things, that filing

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includes affidavits of TRP Fund V’s members as to their state citizenship. See id. at 10-18. The Court

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finds this latest filing sufficient to establish the diversity of the parties in this case. Accordingly, the

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report and recommendation at Docket No. 43 is hereby WITHDRAWN and the hearing scheduled for

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August 2, 2016 is hereby VACATED. In addition, Plaintiff’s motion to strike a response to the report

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and recommendation (Docket No. 47) is hereby DENIED as moot.

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Lastly, the Court CAUTIONS Defendant TRP Fund V, LLC and its counsel, John Henry Wright,

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that they are required to fully comply with all orders and applicable rules moving forward. Failure to

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do so may result in the imposition of sanctions.

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IT IS SO ORDERED.

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DATED: July 26, 2016

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NANCY J. KOPPE
United States Magistrate Judge