U.S. Bank National Association v. 6263 Ordaz Trust et al

Filing 39

ORDER denying 33 Motion to Dismiss; ORDER denying 26 Motion to Dismiss; Signed by Judge Andrew P. Gordon on 6/10/2019. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 U.S. BANK NATIONAL ASSOCIATION,

Case No.: 2:16-cv-02837-APG-NJK

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Order Denying Motions to Dismiss

Plaintiff

5 v.

[ECF Nos. 26, 33]

6 6263 ORDAZ TRUST and BOULDER
RANCH MASTER ASSOCIATION,
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Defendants
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Plaintiff U.S. Bank National Association seeks to determine whether its deed of trust still

10 encumbers property located at 6263 Ordaz Avenue #102 in Henderson, Nevada. Defendant 6263
11 Ordaz Trust (Ordaz Trust) purchased the property at the non-judicial foreclosure sale conducted
12 by defendant Boulder Ranch Master Association (Boulder Ranch).
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Ordaz Trust and Boulder Ranch separately moved to dismiss. ECF Nos. 26, 33.

14 However, neither motion complied with my December 7, 2018 order, which required that “[a]ny
15 dispositive motion filed within the next 90 days must contain a declaration by the movant’s
16 counsel that sets forth the details of the meet-and-confer and certifies that, despite good faith
17 efforts, the issues raised in the motion could not be resolved.” ECF No. 20. I therefore deny the
18 motions. Plaintiff U.S. Bank requests fees and costs for having to respond to the motions. I
19 deny that request because U.S. Bank does not identify a legal basis for awarding fees and costs.
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IT IS THEREFORE ORDERED that defendant 6263 Ordaz Trust’s motion to dismiss

21 (ECF No. 26) is DENIED.
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IT IS FURTHER ORDERED that defendant Boulder Ranch Master Association’s motion

2 to dismiss (ECF No. 33) is DENIED.
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DATED this 10th day of June, 2019.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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