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

Filing 118

ORDER Granting 117 Stipulation re Settlement Conference. IT IS ORDERED that the settlement conference set for 5/31/2022 is vacated. The Court will issue a separate order rescheduling the settlement conference. Signed by Magistrate Judge Elayna J. Youchah on 5/25/2022. (Copies have been distributed pursuant to the NEF - KF)

1
2
3
4
5
6

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

7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9
10
11

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

12

Plaintiff,

13

v.

14
15
16
17
18

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.

19
20
21

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

22
23
24
25
26

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

27
28
Stipulation to Continue MSC

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
1

Case No.: 2:17-cv-00445-APG-VCF
STIPULATION AND ORDER TO
CONTINUE THE MAY 31, 2022
MANDATORY SETTLEMENT
CONFERENCE
[FIRST REQUEST TO CONTINUE
THE MSC]
Date: May 31, 2022
Time: 10:00 a.m.
Room 4068
The Honorable Elayna J. Youchah
Presiding

2:17-cv-00445-APG-VCF

1

IT IS HEREBY STIPULATED Plaintiff/Counter-Defendant, U.S. Bank National

2

Association, as Legal Title Trustee on behalf of USROF IV Legal Title Trust 2015-1 (“Trustee”),

3

Defendant Mountain Gate at Sunrise Mountain Homeowners’ Association (“Mountain Gate”),

4

Defendants and Counterclaimants Saticoy Bay, LLC Series 5982 and Spinnaker Point Avenue

5

(“Defendants”) (collectively, the “Parties”), by their attorneys, hereby submit the following

6

Stipulation and Order to Continue the May 31, 2022 Mandatory Settlement Conference (“MSC”),

7

which is submitted in good faith and not intended to cause any delay to this Court.

8
9
10
11
12

RECITALS
WHEREAS, Trustee’s predecessor-in-interest filed the instant action on February 9, 2017.
See Dkt. 1.
WHEREAS, on August 31, 2021, the Parties attended a mandatory settlement conference
before the Honorable Magistrate Judge, Elayna J. Yochah. See Dkt. 90.

13

WHEREAS, on August 31, 2021, the Honorable Magistrate Judge Elayna J. Yochah

14

issued an Order: (1) continuing the settlement conference to date after the Nevada Supreme Court

15

issued its opinion in Thunder Props; and (2) instructing the Parties to file a joint status report

16

within ten days of a decision in Thunder Props being issued while separately requesting the

17

Parties submit three dates of availability to attend a second settlement conference. See Dkt. 98.

18

WHEREAS, on February 2, 2022, the Nevada Supreme Court issued its Opinion in

19

Thunder Props holding that: (1) “declaratory relief actions are not categorically exempt from

20

statutes of limitations under City of Fernley v. Nevada Department of Taxation, 366 P.3d 699

21

(Nev. 2016)”; (2) NRS 11.220’s four year “catch all” statute of limitations applies to actions

22

seeking to determine the validity of a lien under NRS 40.010; and (3) the four-year statute of

23

limitations begins to run when “the titleholder affirmatively repudiates the lien, which does not

24

necessarily happen at the foreclosure sale.” See Dkt. 101

25
26
27
28

WHEREAS, on April 1, 2022, the Honorable Magistrate Judge Elayna J. Yochah issued
an Order setting the continued MSC for May 31, 2022 at 10:00 a.m. See, Dkt. 112.
WHEREAS, on May 25, 2022, Trustee’s counsel tested positive for COVID-19 meaning
counsel no longer can appear at the May 31, 2022 MSC.
Stipulation to Continue MSC

2

2:17-cv-00445-APG-VCF

1

WHEREAS, the Parties agree that, subject to this Court’s approval, the May 31, 2022

2

MSC should be continued to a date convenient for this Court, in light of Trustee’s counsel testing

3

positive for COVID-19.

4
5
6
7
8

Agreement
NOW THEREFORE, IT IS HEREBY STIPULATED by and between the Parties to
this litigation as follows:
1.

The May 31, 2022 MSC shall be continued to a date convenient to this Court.
MAURICE WUTSCHER LLP

Dated: May 25, 2022

9

/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]

10
11
12
13

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

14
15
16

BOYACK ORME
MCKIEVER

Dated: May 25, 2022

17
18

&

/s/ Patrick Orme
Patrick A. Orne
7432 W. Sahara Ave.
Las Vegas, Nevada 89117
Phone No.: [phone]
Email: [e-mail]

19
20
21

Attorneys for Defendant,
MOUNTAIN GATE AT SUNRISE
MOUNTAIN HOMEOWNERS’
ASSOCIATION

22
23
24
25

ANTHONY

ROGER
P.
ASSOCIATES

Dated: May 25, 2022

26
27

CROTEAU

&

/s/ Christopher L. Benner
Christopher L. Benner
Roger P. Croteau (Bar No. 4958)

28
Stipulation to Continue MSC

3

2:17-cv-00445-APG-VCF

2810 Charleston Boulevard, No. H-75
Las Vegas, Nevada 89102
Phone No.: [phone]
Email: [e-mail]

1
2
3

Attorneys for Defendant and
Counterclaimants, SPINNAKER POINT
AVENUE TRUST, RIVER GLIDER
AVENUE TRUST, and SATICOY BAY, LLC
SERIES 5982 SPINNAKER POINT
AVENUE

4
5
6
7
8

Signature Attestation

9

I hereby attest under the penalty of perjury that on May 25, 2022, counsel for defendants

10

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

11

behalf.

/s/ Patrick J. Kane
Patrick Kane

12
13
14
15

ORDER

16

IT IS SO ORDERED.

17

IT IS FURTHER ORDERED that the settlement conference set for May 31,

18

2022 is vacated. The Court will issue a separate order rescheduling the settlement

19

conference.

20

Dated this 25th day of May, 2022.

21
22

______________________________________
UNITED STATES MAGISTRATE JUDGE

23
24
25
26
27
28
Stipulation to Continue MSC

4

2:17-cv-00445-APG-VCF