US Bank National Association v. LVDG, LLC et al

Filing 28

ORDER Granting 27 Stipulation re 18 MOTION to Dismiss re 9 Amended Complaint. ( Responses due by 12/2/2016.) Signed by Judge Richard F. Boulware, II on 11/29/16. (Copies have been distributed pursuant to the NEF - ADR)

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Kent F. Larsen, Esq.
Nevada Bar No. 3463
Christopher L. Benner, Esq.
Nevada Bar No. 8963
SMITH LARSEN & WIXOM
1935 Village Center Circle
Las Vegas, Nevada 89134
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff, U.S. Bank National Association,
as Trustee, Successor in Interest to Bank of America
National Association as Successor by Merger
to Lasalle Bank National Association as Trustee
for Certificateholders of Bear Stearns Asset
Backed Securities I LLC Asset-Backed
Certificates Series 2005-HE8
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

u.s. BANK NATIONAL ASSOCIATION, AS
TRUSTEE, SUCCESSOR IN INTEREST TO
BANK OF AMERICA NATIONAL
ASSOCIATION AS SUCCESSOR BY
MERGER TO LASALLE BANK NATIONAL
ASSOCIATION AS TRUSTEE FOR
CERTIFICATEHOLDERS OF BEAR STEARNS
ASSET BACKED SECURITIES I LLC ASSETBACKED CERTIFICATES SERIES 2005-HE8,
Plaintiff,

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v.

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STIPULATION RE: U.S. BANK'S
OPPOSITION TO DEFENDANT
MOUNTAIN GATE AT SUNRISE
MOUNTAIN HOA'S MOTION TO
DISMISS FIRST AMENDED
COMPLAINT
[FIRST REQUEST]

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CASE NO.: 2:16-cv-021S8-RFB-NJK

LVDG, LLC, a Nevada limited liability company;
MOUNTAIN GATE HOMEOWNERS
ASSOCIATION, a Nevada non-profit
corporation; MOUNTAIN GATE AT SUNRISE
MOUNTAIN HOMEOWNERS'
ASSOCIATION, a Nevada non-profit
corporation; MELINDA HARRIS, an individual,
EXCELL HARRIS, an individual,
Defendants.

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Plaintiff U.S. Bank National Association, solely as Trustee, Successor in Interest to
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Bank of America National Association as Successor by Merger to Lasalle Bank National

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Association as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC
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Asset-Backed Certificates Series 2005-HES, ("U.S. Bank, as Trustee"), by and through its

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counsel of record Kent Larsen, Esq. and Christopher Benner, Esq. of the law firm of Smith

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Larsen & Wixom, and Defendant Mountain Gate at Sunrise Mountain HOA, ("Sunrise") by

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and through its counsel of record Kaleb. D. Anderson, Esq. and Julie A. Funai, Esq., of the

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law firm of Lipson, Neilson, Cole, Seltzer & Garin, P.C., agree and stipulate as follows:
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1.

Sunrise filed the Motion to Dismiss First Amended Complaint ("the Motion")
on November 10,2016 [Dkt. #lS];

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U.S. Bank's Opposition to the Motion is due November 27, 2016.

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Due to the intervening holiday and previously arranged travel, U.S Bank's
counsel has requested, and Sunrise has agreed to, a proposed extension of the
above deadline to December 2, 2016.

THEREFORE, the above-referenced parties stipulate as follows:
1.

U.S. Bank's Opposition to the Motion shall be filed on or before December 2,
2016; and the Reply brief of Sunrise shall be calendared based upon the actual

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filing date of U.S. Bank's Opposition.
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2.

No other calendared dates are being extended at this time.

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This is the first request to extend the due date of U.S. Bank's Opposition, and is not
intended to delay these proceedings. This request will not cause any prejudice to the parties

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in this matter.
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SMITH LARSEN & WIXOM
By:

LIPSON, NIELSON, COLE, SELTZER &
GARINP.C.

i:~.~

By:

Christopher L. Benner, Esq. (SBN 8963)
1935 Village Center Circle
Las Vegas, Nevada 89134
Tel: [phone]
Fax: [phone]
[e-mail]; [e-mail]

D. Anderson, sq. (SBN 7582)
ulie A. Funai, Esq. (SBN 8725)
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Attorneys for Plaintiff u.s. Bank

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Attorneys for Defendant Mountain Gate
at Sunrise Mountain HOA

ORDER
IT
IT IS SO IS SO ORDERED.
ORDERED:
UNITED STATES MAGISTRATE JUDGE
__________________________
DATED: ___________________
RICHARD F. BOULWARE, II
United States District Judge
DATED this 29th day of November, 2016.

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U.S. Bank N.A. v. LVDG, LLC
2:16-cv-02158-RFB-NJK

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