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

Filing 150

ORDER Granting 149 Stipulation to Extend Deadline to file Reply Brief in Support of 145 Motion for Assignment of Rents. Replies due by 5/24/2023. Signed by Magistrate Judge Elayna J. Youchah on 5/22/2023. (Copies have been distributed pursuant to the NEF - AMMi)

Case 2:17-cv-00445-APG-EJY Document 150 Filed 05/22/23 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,
Palm Avenue Hialeah Trust, a Delaware
Statutory Trust, for and on behalf and solely
with respect to Palm Avenue Hialeah Trust, series 2014-1

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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PALM AVENUE HIALEAH TRUST, A
DELAWARE STATUTORY TRUST FOR
AND ON BEHALF AND SOLELY WITH
RESPECT TO PALM AVENUE HIALEAH
TRUST, SERIES 2014-1,
Plaintiff,
v.
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,
Defendants.

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SATICOY BAY, LLC SERIES 5982
SPINNAKER POINT AVENUE,

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Counterclaimants,

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v.

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PALM AVENUE HIALEAH TRUST, A
DELAWARE STATUTORY TRUST FOR
AND ON BEHALF AND SOLELY WITH
RESPECT TO PALM AVENUE HIALEAH
TRUST, SERIES 2014-1,
Counter-Defendant.
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
PALM AVENUE TO FILE ITS
REPLY BRIEF IN SUPPORT OF
ITS MOTION FOR ASSIGNMENT
OF RENTS
[FIRST REQUEST]
Current Reply Deadline: May 22, 2023
Proposed Deadline: May 24, 2023

2:17-cv-00445-APG-VCF

Case 2:17-cv-00445-APG-EJY Document 150 Filed 05/22/23 Page 2 of 4

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Plaintiff and Counter-Defendant, Palm Avenue Hialeah Trust, a Delaware Statutory Trust,

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for and on behalf and solely with respect to Palm Avenue Hialeah Trust, series 2014-1 (“Palm

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Avenue”), and Defendants and Counterclaimants Saticoy Bay, LLC Series 5982 and Spinnaker

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

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following Stipulation and Order to Continue the May 22, 2023 deadline for Palm Avenue to File

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its Reply Brief in support of its Motion for Assignment of Rents to May 24, 2023 pursuant to LR

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IA 6-1 and LR 7-1 (the “Stipulation”). This Stipulation is submitted in good faith and not intended

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to cause any delay to this Court.

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

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WHEREAS, on August 22, 2017 Palm Avenue’s predecessor-in-interest filed an

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

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permanent and 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, Palm Avenue’s predecessor-in-interest filed its

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Motion for Summary Judgment as to the First Amended Complaint as well as Counterclaimant

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Saticoy Bay LLC Series 5982 Spinnaker Point Avenue, Spinnaker Point Trust’s Counterclaims

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(the “Motion for Summary Judgment”).

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WHEREAS, on February 22, 2023, the Court granted Palm Avenue’s predecessor-ininterest’s Motion for Summary Judgment.
WHEREAS, on May 1, 2023, Palm Avenue filed its Motion for Assignment of Rents
(“Motion for Assignment”).
WHEREAS, on May 15, 2023, Defendants filed their Opposition to Palm Avenue’s
Motion for Assignment (“Opposition”).
WHEREAS, Palm Avenue’s Reply Brief in support of its Motion for Assignment is
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 150 Filed 05/22/23 Page 3 of 4

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currently due no later than May 22, 2023.

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WHEREAS, due to the nature of Defendant’s Opposition and due to Palm Avenue’s

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counsel needing additional time to properly respond to the Opposition as well as additional

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conflicts on May 22, 2023, Palm Avenue’s counsel requests a brief two-day extension to file its

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Reply in support of its Motion for Assignment.

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

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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 May 22, 2023 deadline for Palm Avenue to file its Reply in Support of its

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Motion for Rents be extended to May 24, 2023.

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Dated: May 19, 2023

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,
Palm Avenue Hialeah Trust, a Delaware
Statutory Trust, for and on behalf and
solely with respect to Palm Avenue
Hialeah Trust, series 2014-1

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ROGER
P.
ASSOCIATES

Dated: May 19, 2023

CROTEAU

&

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/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,
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 150 Filed 05/22/23 Page 4 of 4

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

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Signature Attestation

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I hereby attest under the penalty of perjury that on May 19, 2023, 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 22nd day of May 2023.

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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