US Bank National Association et al v. Villa Vecchio Ct Trust et al

Filing 109

ORDER Granting 108 Stipulation Extension of Time re 106 Motion to Extend Time. IS IT HEREBY ORDERED That the briefing deadlines for the Motion to Reopen shall be aligned with the briefing deadlines for the motions for summary judgment a s follows: 1) That the deadline for Wells Fargo to file an opposition to the Motion to Reopen shall be extended from July 14, 2023 to July 21, 2023; 2) That the deadline for Villa Vecchio to file a reply in support of its Motion to Reopen shall be extended from July 21, 2023 to August 18, 2023 Signed by Magistrate Judge Cam Ferenbach on 7/12/2023. (Copies have been distributed pursuant to the NEF - ALZ)

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

Attorneys for Plaintiffs/Counter-Defendants US Bank
National Association, as Trustee, and Wells Fargo
Bank, N.A.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Snell & Wilmer

Kelly H. Dove, Esq.
Nevada Bar No. 10569
Jennifer L. McBee, Esq.
Nevada Bar No. 9110
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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US BANK NATIONAL ASSOCIATION, AS
TRUSTEE, SUCCESSOR IN INTEREST TO
WACHOVIA BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR WELLS
FARGO ASSET SECURITIES
CORPORATION, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005AR2 AT 4801 FREDERICA STREET,
OWENSBORO, KY 42301, a national
association; WELLS FARGO BANK, N.A., a
national association;

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Plaintiffs,

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vs.

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VILLA VECCHIO CT. TRUST, a Nevada
trust; ABSOLUTE COLLECTION
SERVICES, LLC, a Nevada limited-liability
company; THE FOOTHILLS AT SOUTHERN
HIGHLANDS HOMEOWNERS
ASSOCIATION, a Nevada non-profit
corporation;

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Defendants.

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VILLA VECCHIO CT. TRUST, a Nevada
trust;

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Counterclaimant,

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vs.

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US BANK NATIONAL ASSOCIATION, AS
4859-9438-2703

Case No. 2:17-cv-00143-MMD-VCF

STIPULATION AND ORDER
MODIFYING BRIEFING SCHEDULE
RE MOTION TO REOPEN
DISCOVERY
(FIRST REQUEST)

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TRUSTEE, SUCCESSOR IN INTEREST TO
WACHOVIA BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR WELLS
FARGO ASSET SECURITIES
CORPORATION, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005AR2 AT 4801 FREDERICA STREET,
OWENSBORO, KY 42301, a national
association; WELLS FARGO BANK, N.A., a
national association;
Counter-Defendants.

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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Plaintiffs/Counter-Defendants US Bank National Association, as Trustee, Successor in

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Interest to Wachovia Bank, National Association as Trustee for Wells Fargo Asset Securities

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Corporation, Mortgage Pass-Through Certificates, Series 2005-AR2 at 4801 Frederica Street,

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Owensboro, KY 42301 and Wells Fargo Bank, N.A. (jointly, “Wells Fargo”), and

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Defendant/Counterclaimant Villa Vecchio Ct. Trust (“Villa Vecchio” and together with the

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Plaintiffs, the “Parties”), through counsel, for good cause shown, hereby stipulate and agree to

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modify the briefing schedule set for the Motion to Reopen Discovery to mirror the briefing

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schedule set for the Parties’ respective motions for summary judgment. In support of this request,

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the Parties state the following:

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1.

On April 11, 2023, the Court issued its Minute Order setting a deadline of 60 days

within which to file dispositive motions [ECF No. 98].
2.

On April 27, 2023, the Parties entered into a Stipulation and Order Modifying

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Briefing Schedule on Dispositive Motions Pursuant to LR 7-2(b), to extend the deadlines for

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filing their respective motions for summary judgment, oppositions and replies [ECF No. 101].

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3.

On May 26, 2023, the Parties entered into a Stipulation and Order Modifying

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Briefing Schedule on Dispositive Motions Pursuant to LR 7-2(b) (Second Request), to further

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extend the deadlines for filing their respective motions for summary judgment, oppositions and

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replies [ECF No. 103].

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4.

On June 30, 2023, the Parties filed their respective motions for summary judgment

[ECF Nos. 105, 107.]

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4859-9438-2703

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judgment is July 21, 2023.

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6.

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

The deadline for Wells Fargo to file an opposition to the Motion to Reopen is

July 14, 2023.

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9.

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is July 21, 2023.

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Snell & Wilmer

On June 30, 2023, Villa Vecchio filed a Motion to Reopen Discovery Solely to

Permit Disclosure of Villa Vecchio Ct. Trust Bankruptcy (“Motion to Reopen”).

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The deadline for the Parties to file their replies in support of their motions for

summary judgment is August 18, 2023.

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The deadline for the Parties to file their oppositions to the motions for summary

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10.

The deadline for Villa Vecchio to file a reply in support of the Motion to Reopen

The Parties desire to align the briefing deadlines for the Motion to Reopen with the

briefing deadlines for the motions for summary judgment.

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NOW, THEREFORE, based on the foregoing and subject to Court approval, the Parties

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agree as follows:

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1.

That the briefing deadlines for the Motion to Reopen shall be aligned with the

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briefing deadlines for the motions for summary judgment as follows:

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a.

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That the deadline for Wells Fargo to file an opposition to the Motion to
Reopen shall be extended from July 14, 2023 to July 21, 2023; and

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b.

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That the deadline for Villa Vecchio to file a reply in support of its Motion
to Reopen shall be extended from July 21, 2023 to August 18, 2023.

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///

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///

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///

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4859-9438-2703

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IT IS SO STIPULATED.

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DATED this 11th day of July 2023.

DATED this 11th day of July 2023.

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SNELL & WILMER L.L.P.

ROGER P. CROTEAU & ASSOCIATES, LTD.

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By:

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/s/ Jennifer L. McBee
By:
/s/ Christopher L. Benner
Kelly H. Dove (NV Bar No. 10569)
Roger P. Croteau (NV Bar 4958)
Jennifer L. McBee (NV Bar No. 9110)
Christopher L. Benner (NV Bar 8963)
3883 Howard Hughes Pkwy., Suite 1100
2810 Charleston Blvd., Ste. 67
Las Vegas, Nevada 89169
Las Vegas, NV 89102
Attorneys for Plaintiffs/CounterAttorneys for Defendant/Counterclaimant
Defendants US Bank National
Villa Vecchio Ct. Trust
Association, as Trustee, and Wells
Fargo Bank, N.A.

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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ORDER
The Court having considered the foregoing Stipulation and Order Modifying Briefing
Schedule re Motion to Reopen Discovery (“Stipulation”), and good cause appearing,

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IT IS HEREBY ORDERED:

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A.

That the Parties’ Stipulation is approved;

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B.

That the briefing deadlines for the Motion to Reopen shall be aligned with the

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briefing deadlines for the motions for summary judgment as follows:

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1)

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Reopen shall be extended from July 14, 2023 to July 21, 2023;

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2)

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That the deadline for Wells Fargo to file an opposition to the Motion to

That the deadline for Villa Vecchio to file a reply in support of its Motion
to Reopen shall be extended from July 21, 2023 to August 18, 2023;

IT IS SO ORDERED.

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IT IS SO ORDERED.

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______________________________
Cam Ferenbach
United States Magistrate Judge

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7-12-2023

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DATED ________________________

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4859-9438-2703

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CERTIFICATE OF SERVICE

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I hereby certify that on July 11, 2023, I electronically filed the foregoing STIPULATION

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AND ORDER MODIFYING BRIEFING SCHEDULE RE MOTION TO REOPEN

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DISCOVERY with the Clerk of Court for the U.S. District Court, District of Nevada by using

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the Court’s CM/ECF system. Participants in the case who are registered CM/ECF users will be

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served by the CM/ECF system.

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DATED this 11th day of July 2023.

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An Employee of Snell & Wilmer L.L.P.

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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4859-9438-2703

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