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

Filing 112

ORDER Granting 110 Stipulation Modifying Briefing Schedule on Dispositive Motions and Motion to Reopen Discovery re 107 Motion for Summary Judgment, 105 Motion for Summary Judgment, 106 Motion to Extend/Shorten Time. Responses due by 7/28/2023. Replies due by 8/25/2023. Signed by Chief Judge Miranda M. Du on 7/21/2023. (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
4887-0644-2353

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

STIPULATION AND ORDER
MODIFYING BRIEFING SCHEDULE
ON DISPOSITIVE MOTIONS
PURSUANT TO LR 7-2(B) AND
MOTION TO REOPEN DISCOVERY
(THIRD 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,

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

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

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to modify the briefing schedule set by LR 7-2(b) for the remaining briefing on the Parties’

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pending Motions for Summary Judgment (“MSJs”) and Villa Vecchio’s pending Motion to

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Reopen Discovery (“Motion to Reopen”).

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following:

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1.

KY

42301

and

Wells

Fargo

Bank,

N.A.

(jointly,

“Plaintiffs”),

and

In support of this request, the Parties state the

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].
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The initial deadline for the Parties to file their respective motions for summary

judgment was June 9, 2023 [ECF No. 98].
3.

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) (First Request), extending the

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deadline for filing oppositions and replies to their yet-to-be-filed respective motions for summary

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judgment [ECF No. 101].

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4.

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

Briefing Schedule on Dispositive Motions Pursuant to LR 7-2(B) (Second Request), extending the

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4887-0644-2353

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deadline for filing oppositions and replies to their yet-to-be-filed respective motions for summary

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judgment [ECF No. 103].

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5.

[ECF Nos. 105, 107].

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Solely to Permit Disclosure of Villa Vecchio CT. Trust Bankruptcy (“Motion to Reopen”) [ECF

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No. 106].

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7.

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On July 11, 2023, the Parties entered into a Stipulation and Order Modifying

Briefing Schedule Re Motion to Reopen Discovery (First Request), to align the briefing deadlines
for the Motion to Reopen with the briefing deadlines for the MSJs [ECF No. 108].

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

On June 30, 2023, Defendant/Counterclaimant filed a Motion to Reopen Discovery

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Snell & Wilmer

On June 30, 2023, the Parties filed their motions for summary judgment (“MSJs”)

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The current deadline to file oppositions to the MSJs and Motion to Reopen is

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July 21, 2023, and the current deadline to file replies in support of the MSJs and Motion to

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Reopen is August 18, 2023.

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9.

Good cause exists to grant a one-week extension for the Parties to file their

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oppositions and replies to the MSJs and Motion to Reopen to allow sufficient time for client

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review in light of intermittent summer unavailability.

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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.

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That the deadline to file oppositions to the MSJs and Motion to Reopen shall be
extended from July 21, 2023 to July 28, 2023; and

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///

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///

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///

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4887-0644-2353

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Case 2:17-cv-00143-MMD-VCF Document 111 Filed 07/20/23 Page 5 of 5

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CERTIFICATE OF SERVICE

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I hereby certify that on July 20, 2023, I electronically filed the foregoing STIPULATION

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AND ORDER MODIFYING BRIEFING SCHEDULE ON DISPOSITIVE MOTIONS

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PURSUANT TO LR 7-2(B) AND MOTION TO REOPEN DISCOVERY (THIRD

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

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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 20th day of July 2023.

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Wilmer L.L.P.

Snell & Wilmer

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

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4887-0644-2353

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