Capital One, National Association v. SFR Investments Pool 1, LLC et al

Filing 426

ORDER Granting 425 Motion to Extend Time to File Settlement Materials. Settlement documents are due by 7/29/2022. Signed by Judge Richard F. Boulware, II on 6/20/2022. (Copies have been distributed pursuant to the NEF - KF)

Case 2:17-cv-00604-RFB-BNW Document 426 Filed 06/20/22 Page 1 of 5

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DAVID A. HUBBERT
Deputy Assistant Attorney General

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E. CARMEN RAMIREZ
TY HALASZ
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044
T: [phone] (Ramirez)
T: [phone] (Halasz)
F: [phone]
[e-mail]
[e-mail]
[e-mail]

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Counsel for the United States of America

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA
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Plaintiffs,
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v.
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SFR INVESTMENTS POOL 1, LLC, a
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Nevada limited liability company; and
ANTHEM COUNTRY CLUB COMMUNITY, )
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ASSOCIATION, a Nevada nonprofit
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corporation,
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Defendants.
_______________________________________ )
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SFR INVESTMENTS POOL 1, LLC, a
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Nevada limited liability company,
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Counterclaimant/Crossclaimant,
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v.
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ROCKTOP PARTNERS, LLC; and
WILMINGTON SAVINGS FUND SOCIETY,
FSB, as Trustee of Stanwich Mortgage Loan
Trust A,

Case No. 2:17-cv-00604-RFB-BNW
consolidated with
Case No. 2:17-cv-00916-KJD-BNW
UNOPPOSED MOTION TO
CONTINUE DEADLINE TO FILE
FINAL SETTLEMENT
MATERIALS IN LIGHT OF
SUBSTANTIAL COMPLETION
(First Request)

Case 2:17-cv-00604-RFB-BNW Document 426 Filed 06/20/22 Page 2 of 5

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ROCKTOP PARTNERS, LLC;
WILMINGTON SAVINGS FUND SOCIETY,
FSB, as Trustee of Stanwich Mortgage Loan
Trust A; LEON BENZER, an individual; and
UNITED STATES OF AMERICA,

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Cross-Defendants,
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Counter-Defendants.
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_______________________________________ )
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UNITED STATES OF AMERICA,
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Plaintiff,
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v.
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LEON BENZER; SFR INVESTMENTS POOL )
1, LLC; ROCKTOP PARTNERS, LLC;
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WILMINGTON SAVINGS FUND SOCIETY,
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FSB, as Trustee of Stanwich Mortgage Loan
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Trust A; ANTHEM COUNTRY CLUB
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COMMUNITY ASSOCIATION; and
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REPUBLIC SILVER STATE DISPOSAL INC., )
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Defendants.
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_______________________________________ )
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ROCKTOP PARTNERS, LLC; and
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WILMINGTON SAVINGS FUND SOCIETY,
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FSB, as Trustee of Stanwich Mortgage Loan
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Trust A,
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Cross-Claimants,
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Counter-Claimants,
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v.
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UNITED STATES OF AMERICA; LEON
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BENZER, an individual; SFR INVESTMENTS )
POOL 1, LLC, a Nevada limited liability
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company; and ANTHEM COUNTRY CLUB
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ASSOCIATION, a Nevada corporation,
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Cross-Defendants,
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Counter-Defendants.
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_______________________________________
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Case 2:17-cv-00604-RFB-BNW Document 426 Filed 06/20/22 Page 3 of 5

MEMORANDUM OF POINTS AND AUTHORITIES

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The litigating parties in this long-running dispute have reached two interrelated

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settlement agreements. The agreements are final, and the payments under the agreements have

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been made to the appropriate parties. The United States has instructed the IRS to record a notice

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of discharge concerning certain tax liens on the property at issue, and is awaiting confirmation of

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the recording.

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The parties had previously informed the Court that they had reached a near-final

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agreement. On April 21, 2022, the Court directed that the parties to file settlement documents, a

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joint status report, and a stipulation to dismissal in 60 days. (ECF No. 424). The deadline

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(accounting for the June 20, 2022, holiday) is thus June 21, 2022.
The parties are awaiting confirmation that the discharge has been recorded, and do not

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anticipate further litigation in this matter. However, because the recording may not be complete

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by June 21, 2022, the United States, with the consent of and on behalf of the other parties,

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therefore requests that the parties have until July 29, 2022, to submit the filings referenced in the

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Court’s April 21, 2022. The parties ask for July 29, 2022, because various counsel will be on

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vacation in the coming days, and wish to ensure that counsel for all parties can approve the final

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filings.

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Case 2:17-cv-00604-RFB-BNW Document 426 Filed 06/20/22 Page 4 of 5

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WHEREFORE, the United States asks that the deadlines specified in the Court’s order of
April 21, 2022, be extended from June 21, 2022, to July 29, 2022.
DATED June 17, 2022.
DAVID A. HUBBERT
Deputy Assistant Attorney General
/s/ Ty Halasz
E. CARMEN RAMIREZ
TY HALASZ
Trial Attorneys, Tax Division
U.S. Department of Justice
P.O. Box 683
Washington, D.C. 20044
T: [phone] (Ramirez)
T: [phone] (Halasz)
F: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for the United States

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IT IS SO ORDERED

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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DATED this 20th day of June, 2022.

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Case 2:17-cv-00604-RFB-BNW Document 426 Filed 06/20/22 Page 5 of 5

CERTIFICATE OF SERVICE

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IT IS HEREBY CERTIFIED that service of the foregoing is made this June 17, 2022, via

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the Court’s ECF system to all current parties who have appeared electronically. Defendant Leon

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Benzer has defaulted. However, the United States is sending this filing to his last known

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address.

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Leon Benzer, RN # 47521-048
United States Penitentiary
P.O. BOX 24550
TUCSON, AZ 85734
/s/ Ty Halasz
TY HALASZ
Trial Attorney, Tax Division
U.S. Department of Justice

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