Talmer Bank and Trust v. Valley Bank of Nevada

Filing 37

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)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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TALMER BANK AND TRUST,

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Plaintiff,
v.

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ORDER FOR SUPPLEMENT

VALLEY BANK OF NEVADA,

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Case No. 2:16-cv-01290-APG-CWH

Defendant.

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Plaintiff Talmer Bank and Trust filed this lawsuit alleging that defendant Valley Bank of

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Nevada breached a participation agreement between the banks by extending the loan’s maturity

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date without Talmer’s consent. Talmer moved for summary judgment, arguing it was entitled to

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$414,447.72 in damages. That amount was justified by a conclusory affidavit by Talmer’s Vice

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President, Brian Kubala, of the amount owed, without any explanation of what amounts were

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included in that sum. ECF No. 17-1 at 6.

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As the briefing on summary judgment concluded, the borrower sold the property and

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Talmer received a loan payoff in the amount of $380,225.19. ECF No. 32 at 1. Valley Bank thus

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suggests this case is moot because Talmer has received the loan payoff. ECF No. 32 at 2.

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According to Valley Bank, the discrepancy in the amount paid versus what Talmer requests in its

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summary judgment motion is explained by Talmer’s request for attorney’s fees. ECF No. 32 at

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14-19. But Valley Bank asserts Talmer has no legal or contractual basis to request those fees.

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Talmer has not responded to these developments. Nor has Talmer identified any basis for

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an attorney’s fee award. I therefore direct Talmer to file a supplemental brief addressing Valley

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Bank’s contention that this case is moot given the payoff of Talmer’s participation in the loan. In

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the alternative, the parties can stipulate to dismiss the case if all issues are now resolved.

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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.

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IT IS FURTHER ORDERED that defendant Valley Bank of Nevada may file a response

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within ten days of receiving Talmer’s supplemental brief.

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DATED this 22nd day of November, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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