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

Filing 134

ORDER Granting 133 Stipulation to Extend Deadline to Reply re 131 Motion for Summary Judgment. Replies due by 12/13/2022. Signed by Judge Andrew P. Gordon on 12/7/2022. (Copies have been distributed pursuant to the NEF - KF)

Case 2:17-cv-00445-APG-EJY Document 134 Filed 12/07/22 Page 1 of 4

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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-VCF
FIRST STIPULATION AND ORDER
TO EXTEND THE DEADLINE FOR
TRUSTEE TO FILE ITS REPLY
BRIEF IN SUPPORT OF ITS
MOTION FOR SUMMARY
JUDGEMENT
[FIRST REQUEST]
Current Reply Deadline: December 6,
2022
Proposed Deadline: December 13,
2022

2:17-cv-00445-APG-VCF

Case 2:17-cv-00445-APG-EJY Document 134 Filed 12/07/22 Page 2 of 4

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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 December 6, 2022

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deadline for Trustee to File its Reply Brief in support of its Motion for Summary Judgment to

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December 13, 2022 pursuant to LR IA 6-1 and LR 7-1 (the “Stipulation”). This Stipulation is

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submitted in 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 November 1, 2022, Trustee filed its Motion for Summary Judgment as to

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the First Amended Complaint as well as Counterclaimant Saticoy Bay LLC Series 5982

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Spinnaker Point Avenue, Spinnaker Point Trust’s Counterclaims (the “Motion for Summary

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Judgment”).

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WHEREAS, on November 22, 2022, Defendants filed their Opposition to Trustee’s
Motion for Summary Judgment (“Opposition”).
WHEREAS, Trustee’s Reply Brief in support of its Motion for Summary Judgment is
currently due no later than December 6, 2022.

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WHEREAS, due to the nature of Defendant’s Opposition and due to Trustee’s counsel

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having to extensively travel for other matters, Trustee’s counsel requests a brief seven-day

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extension to file its Reply in support of its Motion for Summary Judgment.

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WHEREAS, this Stipulation is submitted in good faith and not to cause unnecessary delay.
Stipulation to Extend Deadline to File
Reply Brief

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2:17-cv-00445-APG-VCF

Case 2:17-cv-00445-APG-EJY Document 134 Filed 12/07/22 Page 3 of 4

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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 December 6, 2022 deadline for Trustee to file its Reply in Support of its

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Motion for Summary Judgment be extended to December 13, 2022.

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Dated: December 6, 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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P.
ROGER
ASSOCIATES

Dated: December 6, 2022

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CROTEAU

&

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

Case 2:17-cv-00445-APG-EJY Document 134 Filed 12/07/22 Page 4 of 4

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Signature Attestation

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I hereby attest under the penalty of perjury that on December 6, 2022, counsel for

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defendants approved this Stipulation and gave me permission to electronically sign this

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Stipulation on his behalf.

/s/ Patrick J. Kane
Patrick Kane

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ORDER
IT IS SO ORDERED.
7th day of _____________
December
Dated this ____
2022.

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________________________________
UNITED STATES DISTRICT JUDGE

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Stipulation to Extend Deadline to File
Reply Brief

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2:17-cv-00445-APG-VCF