U.S. Bank National Association v. Spinnaker Point Avenue Trust, et al

Filing 107

ORDER Granting 106 Stipulation Re: 104 Motion for Reconsideration. Replies due by 3/25/2022. Signed by Magistrate Judge Elayna J. Youchah on 3/17/2022. (Copies have been distributed pursuant to the NEF - KF)

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MAURICE WUTSCHER LLP
Patrick J. Kane (Pro Hac Vice)
440 Stevens Avenue, Suite 200
Solana Beach, California 92075
Phone No.: [phone]
Email: [e-mail]
Attorneys for Plaintiff/Counter-Defendant,
U.S. Bank National Association as Legal Title Trustee
on behalf of USROF IV Legal Title Trust 2015-1

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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USROF IV LEGAL TITLE TRUST 2015-1,
BY U.S. BANK NATIONAL
ASSOCIATION, AS LEGAL TITLE
TRUSTEE,

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Plaintiff,

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v.

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SPINNAKER POINT AVENUE TRUST;
RIVER GLIDER AVENUE TRUST;
SATICOY BAY, LLC SERIES 5982
SPINNAKER POINT AVENUE;
MOUNTAIN GATE AT SUNRISE
MOUNTAIN HOMEOWNERS’
ASSOCIATION; ABSOLUTE
COLLECTION SERVICES, LLC,
Defendant.

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SATICOY BAY, LLC SERIES 5982
SPINNAKER POINT AVENUE,
Counterclaimant,

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vs.
USROF IV LEGAL TITLE TRUST 2015-1,
BY U.S. BANK NATIONAL
ASSOCIATION, AS LEGAL TITLE
TRUSTEE, LLC,
Counter-Defendant

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Stipulation to Extend Deadline to File
Reply Brief

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Case No.: 2:17-cv-00445-APG-VCFEJY
FIRST STIPULATION AND ORDER
TO EXTEND THE DEADLINE FOR
TRUSTEE TO FILE ITS REPLY
BRIEF IN SUPPORT OF ITS
MOTION FOR
RECONSIDERATION
[FIRST REQUEST]
Current Reply Deadline: March 21,
2022
Proposed Deadline: March 25, 2022

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2:17-cv-00445-APG-VCF

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Plaintiff/Counter-Defendant, PROF-2013-M4-Legal Title Trust IV, by U.S. Bank

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National Association, (“Trustee”), and Defendants and Counterclaimants Saticoy Bay, LLC

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Series 5982 and Spinnaker Point Avenue (“Defendants”) (collectively, the “Parties”), by their

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attorneys, hereby submit the following Stipulation and Order to Continue the March 21, 2022

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deadline for Trustee to File its Reply Brief in support of its Motion for Reconsideration to March

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25, 2022 pursuant to LR IA 6-1 and LR 7-1 (the “Stipulation”). This Stipulation is submitted in

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good faith and not intended to cause any delay to this Court.

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RECITALS
WHEREAS, Trustee’s predecessor-in-interest filed the instant action on February 9, 2017.
See Dkt. 1.

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WHEREAS, on August 22, 2017 Trustee’s predecessor-in-interest filed an Amended

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Complaint asserting the following claims: (1) quiet title; (2) declaratory relief; (3) permanent and

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preliminary injunction; and (5) unjust enrichment (the “FAC”). See Dkt. 27.

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WHEREAS, on October 10, 2019, Defendants filed their Answer and Affirmative

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Defenses to the FAC and filed the following counterclaims against the Trustee: (1) quiet title; and

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(2) declaratory relief. See Dkt. 49.

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WHEREAS, on February 28, 2022, Trustee filed its Motion for Reconsideration

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concerning this Court’s prior Order granting Defendants’ Motion to Dismiss in light of the recent

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decision in U.S. Bank v. Thunder Props., Inc., Supreme Court Case No. 8112 (the “Motion to

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Reconsider”).

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WHEREAS, on March 14, 2022, Defendants filed their Opposition to Trustee’s Motion
to Reconsider.
WHEREAS, Trustee’s Reply Brief in support of its Motion to Reconsider is currently due
no later than March 21, 2022.
WHEREAS, an unexpected power outage resulted in Trustee’s counsel needing a brief
five-day extension to file its Reply in support of its Motion to Reconsider.

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WHEREAS, this Stipulation is submitted in good faith and not to cause unnecessary delay.

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WHEREAS, counsel for Trustee contacted counsel for Defendants, who advised that
Stipulation to Extend Deadline to File
Reply Brief

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2:17-cv-00445-APG-VCF

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Defendants have no objection to the request.

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Agreement
NOW THEREFORE, IT IS HEREBY STIPULATED by and between the Parties to
this litigation as follows:
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The March 21, 2022 deadline for Trustee to file its Reply Brief in Support of its

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Motion to Reconsider be extended to March 25, 2022.

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Dated: March 17, 2022

MAURICE WUTSCHER LLP

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/s/ Patrick J. Kane
Patrick J. Kane (Pro Hac Vice)
440 Stevens Avenue, Suite 200
Solana Beach, California 92075
Phone No.: [phone]
Email: [e-mail]

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Attorneys for Plaintiff/Counter-Defendant,
U.S. Bank National Association as Legal
Title Trustee on behalf of USROF IV Legal
Title Trust 2015-1

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ROGER
P.
ASSOCIATES

Dated: March 17, 2022

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CROTEAU

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/s/ Christopher L. Benner
Roger P. Croteau
Christopher L. Benner
2810 Charleston Boulevard, No. H-75
Las Vegas, Nevada 89102
Phone No.: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Defendant and
Counterclaimants,

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SPINNAKER POINT AVENUE TRUST,
RIVER GLIDER AVENUE TRUST, and
SATICOY BAY, LLC SERIES 5982
SPINNAKER POINT AVENUE

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Stipulation to Extend Deadline to File
Reply Brief

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2:17-cv-00445-APG-VCF

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Signature Attestation

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I hereby attest under the penalty of perjury that on March 17, 2022, counsel for defendants

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approved this Stipulation and gave me permission to electronically sign this Stipulation on his

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behalf.

/s/ Patrick J. Kane
Patrick Kane

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ORDER

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IT IS SO ORDERED.

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Dated this 17 day of March 2022.

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________________________________
UNITED STATES MAGISTRATE JUDGE

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Stipulation to Extend Deadline to File
Reply Brief

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2:17-cv-00445-APG-VCF

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Certificate of Service

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I certify that on March 17, 2022, a copy of the foregoing was filed and served

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electronically in the ECF system. Notice of this filing will be sent to the parties of record by

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operation of the Court’s electronic filing system. Parties may access this filing through the Court’s

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system:

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/s/ Patrick J. Kane
Patrick Kane

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Stipulation to Extend Deadline to File
Reply Brief

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2:17-cv-00445-APG-VCF