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

Filing 45

ORDER Granting 44 Joint Motion to Extend Time re 29 , 30 , 32 Motions for Summary Judgment (First Request). Replies due by 9/19/2018. Signed by Judge Jennifer A. Dorsey on 9/13/2018. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 6 7 8 DIANA S. EBRON, ESQ. Nevada Bar No. 10580 E-Mail: diana@kgelegal.com JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 E-Mail: jackie@kgelegal.com KAREN L. HANKS, ESQ. Nevada Bar No. 9578 E-Mail: karen@kgelegal.com KIM GILBERT EBRON 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139-5974 Telephone: (702) 485-3300 Facsimile: (702) 485-3301 Attorney for Defendant/Counterclaimant/Cross-Claimant, SFR Investments Pool 1, LLC 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 12 (702) 485-3300 FAX (702) 485-3301 KIMGILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 13 14 15 16 17 18 U.S. BANK NATIONAL ASSOCIATION, AS Case No.: 2:17-cv-01500-JAD-PAL TRUSTEE FOR BANC OF AMERICA FUNDING 2006-G TRUST, STIPULATION AND ORDER TO Plaintiff, EXTEND DEADLINE TO FILE REPLIES IN SUPPORT OF MOTIONS FOR vs. SUMMARY JUDGMENT AND RESPONSE TO OBJECTION [ECF NOS. SFR INVESTMENTS POOL 1, LLC, a 29, 30, 32 & 38] Nevada limited-liability company; TORREY PINES RANCH ESTATES HOMEOWNERS (FIRST REQUEST) ASSOCIATION, a Nevada non-profit corporation; NEVADA ASSOCIATION SERVICES, INC., a Nevada corporation, 19 Defendants. 20 21 SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company, 22 Counterclaimant/Cross-Claimant, 23 vs. 24 25 26 27 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BANC OF AMERICA FUNDING 2006-G TRUST; PETER NGUYEN, an individual, Counter-Defendant/Cross-Defendant. 28 -1- 1 STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE REPLIES IN SUPPORT OF MOTIONS FOR SUMMARY JUDGMENT AND RESPONSE TO OBJECTION [ECF NOS. 29, 30, 32 & 38] 2 Plaintiff/Counter-Defendant U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE 3 [collectively, with Defendant TORREY PINES RANCH ESTATES HOMEOWNERS 7 ASSOCIATION (“HOA”)1, the “parties”], by and through their respective counsel of record, 8 hereby respectfully submit this Stipulation and Order, pursuant to LR IA 6-1 and LR 7-1, to 9 extend the deadline for the parties to file their Replies in support of their respective Motions for 10 Summary Judgment (the “MSJs”) [ECF Nos. 29, 30 & 32], which were all filed on August 8, 11 2018, as well as U.S. Bank’s Response to SFR’s Objection to U.S. Bank’s Request for Judicial 12 (702) 485-3300 FAX (702) 485-3301 Defendant/Counterclaimant/Cross-Claimant SFR INVESTMENTS POOL 1, LLC (“SFR”) 6 KIMGILBERT EBRON OF AMERICA FUNDING 2006-G TRUST Bank”) FOR 5 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 BANC (“U.S. 4 and Notice [ECF No. 38], which was filed concurrently with SFR’s MSJ. This is the first request for 13 an extension of the foregoing deadline. 14 U.S. Bank filed its Response [ECF No. 34] to HOA’s MSJ [ECF No. 29] on August 29, 15 2018. U.S. Bank also filed its Response [ECF No. 35] to SFR’s MSJ [ECF No. 32] on August 16 29, 2018. 17 SFR filed its Response [ECF No. 36] to HOA’s MSJ [ECF No. 29] on August 29, 2018. 18 SFR also filed its Objection to U.S. Bank’s Request for Judicial Notice [ECF No. 38] on August 19 29, 2018, as well as its Response [ECF No. 37] to U.S Bank’s MSJ [ECF No. 30], with HOA 20 filing a Joinder [ECF No. 41] thereto on September 5, 2018. SFR subsequently filed a Notice of 21 Corrected Image/Document [ECF No. 42] for its Response [ECF No. 37] to U.S Bank’s MSJ 22 [ECF No. 30] on September 5, 2018, and an Errata [ECF No. 43] to the Notice of Corrected 23 Image/Document [ECF No. 42] on September 6, 2018. 24 25 26 27 28 1 HOA’s counsel, Christopher B. Anthony, Esq. of the law firm of Boyack Orme & Anthony, agreed to the extension of the deadline requested herein on September 12, 2018, and approved the initial draft of the proposed Stipulation and Order (“SAO”) drafted by SFR’s counsel, Diana S. Ebron, Esq. of the law firm of Kim Gilbert Ebron. However, after a few minor revisions were added to the SAO by U.S Bank’s counsel, Michael Paretti, Esq. of the law firm of Snell & Wilmer LLP, SFR’s counsel once again contacted Mr. Anthony for approval of the final version of the SAO, but did not receive a response before the filing deadline. Therefore, pursuant to LR 7-1(c), the final version of the SAO is being filed with the Court as a Joint Motion by U.S. Bank and SFR, with the signature block for HOA’s counsel removed. -2- 1 Pursuant to LR 7-2(b), the current deadline for the parties to file their Replies in support 2 of their respective MSJs, as well as U.S. Bank’s Response to SFR’s Objection, is September 12, 3 2018. The parties have mutually agreed to extend this deadline by one week to September 19, 4 2018. 5 The parties request additional time so that they may adequately and fully address the 6 arguments presented by the parties in their respective Responses [ECF Nos. 34, 35, 36, 37, 41 & 7 42]. 8 9 The parties submit this Stipulation and Order in good faith and not for purposes of delay or to prejudice any party. 10 12 (702) 485-3300 FAX (702) 485-3301 KIMGILBERT EBRON 7625 DEAN MARTIN DRIVE, SUITE 110 LAS VEGAS, NEVADA 89139 11 DATED this 12th day of September, 2018. KIM GILBERT EBRON SNELL & WILMER LLP /s/ Diana S. Ebron DIANA S. EBRON, ESQ. Nevada Bar No. 10580 E-Mail: diana@kgelegal.com KIM GILBERT EBRON 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139-5974 Attorney for Defendant/Counterclaimant/ Cross-Claimant, SFR Investments Pool 1, LLC /s/ Michael Paretti MICHAEL PARETTI, ESQ. Nevada Bar No. 13926 E-Mail: mparetti@swlaw.com SNELL & WILMER LLP 3883 Howard Hughes Parkway, Suite 1100 Las Vegas, Nevada 89169-0965 Attorney for Plaintiff/Counter-Defendant, U.S. Bank National Association, as Trustee for Banc of America Funding 2006-G Trust 13 14 15 16 17 18 19 20 ORDER 21 IT IS SO ORDERED: 22 23 24 UNITED STATES MAGISTRATE JUDGE UNITED STATES DISTRICT JUDGE Dated: September 13, 2018. 25 DATED: 26 27 28 -3-

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