Talmer Bank and Trust v. Valley Bank of Nevada
ORDER. IT IS ORDERED that on or before 12/15/2017, plaintiff Talmer Bank and Trust shall file a supplemental brief addressing whether this case is moot. IT IS FURTHER ORDERED that defendant Valley Bank of Nevada may file a response within ten days of receiving Talmer's supplemental brief. Signed by Judge Andrew P. Gordon on 11/22/2017. (Copies have been distributed pursuant to the NEF - MR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
TALMER BANK AND TRUST,
ORDER FOR SUPPLEMENT
VALLEY BANK OF NEVADA,
Case No. 2:16-cv-01290-APG-CWH
Plaintiff Talmer Bank and Trust filed this lawsuit alleging that defendant Valley Bank of
Nevada breached a participation agreement between the banks by extending the loan’s maturity
date without Talmer’s consent. Talmer moved for summary judgment, arguing it was entitled to
$414,447.72 in damages. That amount was justified by a conclusory affidavit by Talmer’s Vice
President, Brian Kubala, of the amount owed, without any explanation of what amounts were
included in that sum. ECF No. 17-1 at 6.
As the briefing on summary judgment concluded, the borrower sold the property and
Talmer received a loan payoff in the amount of $380,225.19. ECF No. 32 at 1. Valley Bank thus
suggests this case is moot because Talmer has received the loan payoff. ECF No. 32 at 2.
According to Valley Bank, the discrepancy in the amount paid versus what Talmer requests in its
summary judgment motion is explained by Talmer’s request for attorney’s fees. ECF No. 32 at
14-19. But Valley Bank asserts Talmer has no legal or contractual basis to request those fees.
Talmer has not responded to these developments. Nor has Talmer identified any basis for
an attorney’s fee award. I therefore direct Talmer to file a supplemental brief addressing Valley
Bank’s contention that this case is moot given the payoff of Talmer’s participation in the loan. In
the alternative, the parties can stipulate to dismiss the case if all issues are now resolved.
IT IS THEREFORE ORDERED that on or before December 15, 2017, plaintiff Talmer
Bank and Trust shall file a supplemental brief addressing whether this case is moot.
IT IS FURTHER ORDERED that defendant Valley Bank of Nevada may file a response
within ten days of receiving Talmer’s supplemental brief.
DATED this 22nd day of November, 2017.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE
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