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

Filing 85

ORDER Granting 84 Stipulation for Extension of Time re 75 Motion for Summary Judgment (First Request). Replies due by 1/18/2019. Signed by Judge James C. Mahan on 12/21/2018. (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,
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,

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

STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE REPLY
IN SUPPORT OF COUNTERMOTION
FOR SUMMARY JUDGMENT

(FIRST REQUEST)

Defendants.

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AND ALL RELATED ACTIONS
STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE REPLY IN
SUPPORT OF COUNTERMOTION FOR SUMMARY JUDGMENT

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Pursuant to Fed. R. Civ. P. 26(f), and Local Rules 6-1, 26-1 and 26-4, U.S. BANK

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NATIONAL ASSOCIATION, as Trustee for Credit Suisse First Boston Mortgage Securities

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Corp., CSFB Mortgage Pass-Thru Certificates, Series 2005-5 (“U.S. Bank”), Mortgage Electronic

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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 MERS’s briefing deadlines in this action. This is

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the Stipulating Parties’ first request for extension of MERS’s briefing deadline1.

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MERS filed its counter-motion for summary judgment on November 20, 2018. SFR filed

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a response to the counter-motion on December 11, 2018. The current deadline for MERS to file

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the reply brief is December 25, 2018; the parties request an extension from this Court to January

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

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made settlement offers and are negotiating.

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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Snell & Wilmer

This request to extend the deadline 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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4, good cause exists to grant this request within 21 days of the response deadline, as the parties

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only recently began case resolution discussions, and are in active negotiations now.

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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.] The fifth request to extend was entered as an order of this Court on December 13, 2018
[Docket No. 80]. The reply deadline for the previously-filed dispositive motions is January 18,
2019.
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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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Snell & Wilmer

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

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Dated this 21th day of December, 2018

Dated this 21th 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

/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)

Attorneys for Plaintiff U.S. Bank
National Association

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 21, 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 DEADLINE TO FILE REPLY IN SUPPORT

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OF COUNTERMOTION FOR SUMMARY JUDGMENT with the Clerk of Court for the

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U.S. District Court, District of Nevada by using the CM/ECF system for filing and transmittal of

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a Notice of Electronic Filing to all counsel in this matter; all counsel being registered to receive

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Electronic Filing.

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DATED: December 21, 2018

Snell & Wilmer

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

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

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4816-6634-9956.1

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