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

Filing 56

ORDER Granting 55 Stipulation for Extension of Time re 50 Motion to Dismiss (First Request). Responses due by 11/7/2019. Signed by Judge Andrew P. Gordon on 10/21/2019. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 6 WRIGHT, FINLAY & ZAK, LLP Robert Riether, Esq. Nevada Bar No. 12076 7785 W. Sahara Ave, Suite 200 Las Vegas, NV 89117 (702) 475-7964; Fax: (702) 946-1345 rriether@wrightlegal.net Attorney for Plaintiff, U.S. Bank National Association as Legal Title Trustee on behalf of USROF IV Legal Title Trust 2015-1 U.S. DISTRICT COURT DISTRICT OF NEVADA 7 8 9 10 USROF IV LEGAL TITLE TRUST 2015-1, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE, Plaintiff, 11 12 13 14 15 16 vs. 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, Case No.: 2:17-cv-00445-APG-EJY STIPULATION AND ORDER TO EXTEND DEADLINE FOR PLAINTIFF TO FILE ITS RESPONSE TO MOTION TO DISMISS AND JOINDER THERETO (FIRST REQUEST) 17 18 19 20 21 22 23 24 25 26 27 28 Defendants. Plaintiff U.S. Bank National Association as Legal Title Trustee on behalf of USROF IV Legal Title Trust 2015-1 (“U.S. Bank”), by and through its counsel of record, Robert Riether, Esq. of the law firm Wright, Finlay & Zak, LLP; Defendants Spinnaker Point Avenue Trust, River Glider Avenue Trust and Saticoy Bay, LLC Series 5982 Spinnaker Point Avenue (collectively “Buyers”), by and through their counsel of record, Michael F. Bohn, Esq. and Adam Trippiedi, Esq., of The Law Office of Michael F. Bohn; Defendant Mountain Gate at Sunrise Mountain Homeowners’ Association (the “HOA”), by and through its counsel of record, Edward D. Boyack, Esq., of the law firm Boyack, Orme & Anthony; and Defendant Absolute Collection Services, LLC (the “HOA Trustee”), by and through through its counsel of record, Shane D. Cox, Esq., hereby stipulate as follows: Page 1 of 3 Stipulation and Order to Extend Deadline for Plaintiff to File its Response to Motion to Dismiss and Joinder Thereto (2:17-cv-00445-APG-EJY) 1 2 1. Motion”) on October 10, 2019 [ECF No. 50]; 3 4 2. The HOA filed its Joinder to Buyers’ Motion (“HOA’s Joinder”) on October 15, 2019 [ECF No. 52]; 5 6 Buyers filed their Renewed Motion to Dismiss Amended Complaint (Buyers’ 3. The deadline for U.S. Bank to file a response to Buyers’ Motion and HOA’s Joinder is October 24, 2019; 7 4. In order to allow U.S. Bank to more fully evaluate pending settlement offers and 8 due to U.S. Bank counsel’s vacation and conference scheduling, the Parties have agreed to 9 extend the deadline to file a response to Buyers’ Motion and HOA’s Joinder by two weeks, to 10 November 7, 2019. 11 /// 12 13 /// 14 15 /// 16 17 /// 18 19 /// 20 21 /// 22 23 /// 24 25 /// 26 27 /// 28 Page 2 of 3 Stipulation and Order to Extend Deadline for Plaintiff to File its Response to Motion to Dismiss and Joinder Thereto (2:17-cv-00445-APG-EJY) 1 5. This is the first request to extend the deadline for briefing related to renewed 2 motions for summary judgment. The Parties have entered into this agreement in good faith and 3 not for purposes of delay or prejudice to any party. 4 IT IS SO STIPULATED. 5 DATED this 21st day of October, 2019. DATED this 21st day of October, 2019. LAW OFFICE OF MICHAEL F. BOHN WRIGHT, FINLAY & ZAK, LLP /s/ Michael F. Bohn, Esq. _ Michael F. Bohn, Esq. Nevada Bar No. 1641 Adam R. Trippiedi, Esq. Nevada Bar No. 12294 2260 Corporate Circle, Suite 480 Henderson, NV 89074 Attorneys for Defendants Spinnaker Point Avenue Trust, River Glider Avenue Trust and Saticoy Bay, LLC Series 5982 Spinnaker Point Avenue /s/ Robert A. Riether, Esq. __ Robert A. Riether, Esq. Nevada Bar No. 12076 7785 W. Sahara Ave, Suite 200 Las Vegas, NV 89117 Attorneys for Plaintiff U.S. Bank National Association as Legal Title Trustee on behalf of USROF IV Legal Title Trust 2015-1 15 DATED this 21st day of October, 2019. DATED this 21st day of October, 2019. 16 ABSOLUTE COLLECTION SERVICES, LLC BOYACK ORME & ANTHONY /s/ Shane D. Cox, Esq. _ Shane D. Cox, Esq. Nevada Bar No. 13852 8440 W. Lake Mead Blvd., Suite 210 Las Vegas, NV 89128 Attorneys for Defendant Absolute Collection Services, LLC /s/ Kelley Blatnik, Esq. _ Edward D. Boyack, Esq. Nevada Bar No. 5229 Kelley Blatnik, Esq. (Of counsel) Nevada Bar No. 12768 7432 W. Sahara Ave. Las Vegas, NV 89117 Attorneys for Defendant Mountain Gate at Sunrise Mountain Homeowners Association 6 7 8 9 10 11 12 13 14 17 18 19 20 21 22 23 24 ORDER 25 26 27 28 IT IS SO ORDERED. ________________________________ UNITED STATES DISTRICT JUDGE Dated: October 21, 2019. Page 3 of 3 1123741/35355818v.1 Stipulation and Order to Extend Deadline for Plaintiff to File its Response to Motion to Dismiss and Joinder Thereto (2:17-cv-00445-APG-EJY)

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