U.S. Bank National Association v. SFR Investments Pool 1, LLC et al

Filing 80

ORDER Granting 77 Stipulation for Extension of Time re 72 Order (Fifth Request). See Order for deadlines. Signed by Magistrate Judge Peggy A. Leen on 12/13/2018. (Copies have been distributed pursuant to the NEF - MR)

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Robin E. Perkins, Esq. (NV Bar No. 9891)
Tanya N. Lewis, Esq. (NV Bar No. 8855)
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
U.S. Bank National Association

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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U.S. BANK NATIONAL ASSOCIATION, as
Trustee for Credit Suisse First Boston
Mortgage Securities Corp., CSFB Mortgage
Pass-Thru Certificates, Series 2005-5,

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Plaintiff,

Case No. 2:17-cv-01485-JCM-PAL

STIPULATION AND ORDER TO
EXTEND DISPOSITIVE MOTION
BRIEFING SCHEDULE

vs.
SFR INVESTMENTS POOL 1, LLC, a
Nevada limited-liability company;
SOUTHERN HIGHLANDS COMMUNITY
ASSOCIATION, a Nevada non-profit
corporation; ALESSI & KOENIG, LLC, a
Nevada limited-liability company,

(FIFTH REQUEST)

Defendants.

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AND ALL RELATED ACTIONS
STIPULATION AND ORDER TO EXTEND DISPOSITIVE MOTION DEADLINE
AND BRIEFING SCHEDULE
Pursuant to Fed. R. Civ. P. 26(f), and Local Rules 6-1, 26-1 and 26-4, U.S. BANK
NATIONAL ASSOCIATION, as Trustee for Credit Suisse First Boston Mortgage Securities
Corp., CSFB Mortgage Pass-Thru Certificates, Series 2005-5 (“U.S. Bank”), Mortgage Electronic
Registration Systems, Inc. (“MERS”), and SFR Investments Pool 1, LLC (“SFR”) (collectively,

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the “Stipulating Parties”), by and through their respective undersigned counsel of record, submit

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this Stipulation and Proposed Order to extend the dispositive motion briefing deadlines in this

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action. This is the Stipulating Parties’ fifth request for extension of dispositive motion deadlines,

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but only the second request to extend since the filing of the dispositive motions1.

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The parties filed their Motions for Summary Judgment on October 12, 2018, and filed

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their respective Responses on or before November 21, 2018, per the operative deadlines. The

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current deadline to file the Reply briefs is December 21, 2018; the parties seek an extension to

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January 18, 2019. The parties are now actively engaging in settlement discussions; both parties

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have made settlement offers and are negotiating.

Snell & Wilmer

This request to extend the deadlines is made in good faith, and is not for purpose of delay

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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or prejudice to any party, but to allow all parties to have enough time to fully brief their

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dispositive motions and also focus significant efforts on a possible settlement. Pursuant to LR 26-

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4, good cause exists to grant this request within 21 days of the Reply deadline, as the parties only

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recently began case resolution discussions this week and are in active negotiations now.

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The requested extension will not result in undue delay or prejudice to any party, as the

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parties previously stated in their Joint Interim Status Report [Docket No. 33] that their earliest

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available date for trial for this matter is April 29, 2019.

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The first request to extend the dispositive motion deadline was contained in the stipulation and
order to extend discovery [Docket No. 36], entered by this Court on April 3, 2018, and the second
request to extend was entered as an order of this Court on June 12, 2018 [Docket No. 62]. The
third request to extend was entered as an order of this Court on August 17, 2018 [Docket No. 68].
The fourth request to extend was entered as an order of this Court on November 8, 2018 [Docket
No. 72.]
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A. Proposed Schedule for Dispositive Motions

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EVENT
Dispositive motions
Response to dispositive
motions
Reply brief in support of
dispositive motion
Pre-trial order and FRCP
26(a)(3) disclosures

EXISTING DEADLINE

NEW DEADLINE

October 12, 2018
November 21, 2018

Closed
Closed

December 21, 2018

January 18, 2019

30 days after decision on any 30 days after decision on the
dispositive motion.
dispositive motions.

Dated this 6th day of December, 2018

Dated this 6th day of December, 2018

SNELL & WILMER L.L.P.

KIM GILBERT EBRON

/s/ Tanya N. Lewis
Robin E. Perkins, Esq.(NV Bar No. 9891)
Tanya N. Lewis, Esq. (NV Bar No. 8855)
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Attorneys for Plaintiff U.S. Bank
National Association

/s/ Diana S. Ebron
Diana S. Ebron, Esq. (NV Bar 10580)
Jacqueline A. Gilbert, Esq. (NV Bar 10593)
Karen L. Hanks, Esq. (NV Bar 9578)
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139-5974
(signature affixed with permission)

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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Attorneys for Defendant SFR Investments
Pool 1, LLC
ORDER

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE
December 13, 2018
DATED:

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CERTIFICATE OF SERVICE

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I hereby certify that on this date, I electronically transmitted the foregoing

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STIPULATION AND ORDER TO EXTEND DISPOSITIVE MOTION BRIEFING

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SCHEDULE with the Clerk of Court for the U.S. District Court, District of Nevada by using the

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CM/ECF system for filing and transmittal of a Notice of Electronic Filing to all counsel in this

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matter; all counsel being registered to receive Electronic Filing.

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DATED: December 6, 2018

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/s/ Susan Ballif
An employee of SNELL & WILMER L.L.P.

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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4829-5943-6930

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