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

Filing 59

ORDER granting ECF No. 58 Stipulation to Extend Time re ECF No. 53 Motion to Dismiss. Response due by 7/19/2019. Signed by Judge Miranda M. Du on 7/11/2019. (Copies have been distributed pursuant to the NEF - LH)

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Alex L. Fugazzi, Esq.
Nevada Bar No. 9022
Wayne Klomp, Esq.
Nevada Bar No. 10109
SNELL & WILMER L.L.P.
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Telephone: [phone]
Facsimile: 775-785-5441
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs US Bank National
Association and Wells Fargo
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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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;
Plaintiffs,

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

STIPULATION AND ORDER
EXTENDING TIME FOR PLAINTIFFS
TO RESPOND TO VILLA VECCHIO
CT. TRUST’S RENEWED MOTION TO
DISMISS COMPLAINT
(SECOND REQUEST)

vs.
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;
Defendants.

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Plaintiffs US Bank National Association, as Trustee, Successor in Interest to Wachovia

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Bank, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage

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Pass-Through Certificates, Series 2005-AR2 at 4801 Frederica Street, Owensboro, KY 42301

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(“US Bank”) and Wells Fargo Bank, N.A. (“Wells Fargo” and together with US Bank,

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“Plaintiffs”), and Defendant Villa Vecchio Ct. Trust (“Villa Vecchio” and together with Plaintiffs

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and Villa Vecchio, the “Parties”), through their counsel hereby respectfully request the Court

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enter an order, pursuant to Local Rules IA 6-1 and 7-1, extending the time for Plaintiffs to

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respond to Villa Vecchio’s Renewed Motion to Dismiss Complaint (“Renewed Motion to

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Dismiss,” ECF No. 53) otherwise due on July 10, 2019. The Parties request that the time be

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extended to July 19, 2019. This is the Parties’ second request for an extension of time and is

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based on the following:

either the potential to dismiss certain of Plaintiffs’ claims, withdraw the Renewed Motion to

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Dismiss, or otherwise limit the issues contained in the Renewed Motion to Dismiss. The Parties

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Snell & Wilmer

Previously, the Parties sought an extension of time in order to meet and confer regarding

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L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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have not yet reached resolution of those issues, but plan to at least dismiss two of Plaintiffs’

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claims by stipulation thus limiting the issues in the Renewed Motion to Dismiss and conserving

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judicial and Party resources. The Parties believe that this additional extension will suffice to

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allow them to continue to consider alternatives to fully briefing the issues raised in the Motion to

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Dismiss.

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Thus, the Parties continue to consider stipulations to limit the issues in the Renewed

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Motion to Dismiss or to brief the issues in summary judgment, which motions are due July 31,

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2019.

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identified above. Additionally, Villa Vecchio has recently retained its undersigned counsel who

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needs additional time to consider the stipulations potentially dismissing several of Plaintiffs’

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claims and withdrawing the Renewed Motion to Dismiss.

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extension are made by the Parties in good faith for the benefit of each and for the benefit of the

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Court.

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The outcome of those considerations will conserve judicial and party resources as

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Therefore, the stipulation and

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The Stipulation is made for the benefit of the Parties and the Court and not for any

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deleterious purpose nor to delay these proceedings.

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DATED this 10th day of July, 2019.

DATED this 10th day of July, 2019.

ROGER P. CROTEAU & ASSOCIATES

SNELL & WILMER L.L.P.

By:

By:

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/s/ Timothy E. Rhoda
Roger P. Croteau, Esq.
Nevada Bar No. 4958
Timothy E. Rhoda, Esq.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
Attorneys for Villa Vecchio Ct. Trust

/s/ Wayne Klomp
Alex L. Fugazzi, Esq.
Nevada Bar No. 9022
Wayne Klomp, Esq.
Nevada Bar No. 10109
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Attorneys for US Bank and Wells Fargo

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE

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DATED:

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July 11, 2019

Case 2:17-cv-00143-MMD-VCF Document 58 Filed 07/10/19 Page 4 of 4

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CERTIFICATE OF SERVICE

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I, the undersigned, declare under penalty of perjury, that I am over the age of eighteen

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years, and I am not a party to, nor interested in, this action. On this date, I caused to be served a

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true and correct copy of the foregoing on all parties appearing herein by the method indicated:

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U.S. Mail

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U.S. Certified Mail

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Electronic Mail (E-mail)

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Overnight Mail

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Federal Express

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Hand Delivery

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X

Electronic Filing

Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775-785-5440

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DATED: July 10, 2019.
/s/ Lara J. Taylor
An Employee of Snell & Wilmer L.L.P.

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