U.S. Bank National Association v. City National Bank

Filing 13

ORDER granting 11 Stipulation; Brief due by 6/8/2018. Answering brief due by 6/22/2018. Answering Appeal Brief due by 7/6/2018. Signed by Judge James C. Mahan on 5/4/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-03112-JCM Document 12 Filed 04/30/18 Page 1 of 4

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Abran E. Vigil, Esq.
Nevada Bar No. 7548
Joseph P. Sakai
Nevada Bar No. 13578
Michael A. DiGiacomo
Nevada Bar No. 13478
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]

Attorneys for Appellant U.S. Bank as Trustee
UNITED STATES DISTRICT COURT

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[phone] FAX [phone]

LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 Festival Plaza Drive, Suite 900

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DISTRICT OF NEVADA
In re:

Case No. 2:17-03112-JCM

CHARLESTON ASSOCIATES, LLC,

BK No. BK-S-13-10499-MKN

Debtor.

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CHARLESTON ASSOCIATES, LLC,
Plaintiff

Adv. No.: 10-1452-MKN
STIPULATION TO EXTEND BRIEFING
SCHEDULE
(Fourth Request)

vs.
RA SOUTHEAST LAND COMPANY,
LLC; CITY NATIONAL BANK,
Defendants.

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Pursuant to LR IA 6-1, LR IA 6-2, and LR 7-1, Appellant U.S. Bank National

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Association, as Trustee, Successor-in-Interest to Bank of America, N.A., as Trustee,

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Successor by Merger to LaSalle Bank National Association, as Trustee, for the

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Registered Holders of Bear Stearns Commercial Mortgage Securities, Inc.,

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Commercial Mortgage Pass-Through Certificates, Series 2005-PWR7 (“U.S. Bank as

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Trustee”), and Appellee City National Bank (“CNB”), stipulate as follows:

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Case 2:17-cv-03112-JCM Document 12 Filed 04/30/18 Page 2 of 4

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1.

On December 26, 2017, U.S. Bank as Trustee filed its Notice of Appeal

[ECF No. 1].
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On January 22, 2018, the Court issued a minute order setting the

briefing schedule on the appeal [ECF No. 6].
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On March 15, 2018 the Parties stipulated and agreed to extend the

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briefing schedule to accommodate the facilitation of discussions between U.S. Bank

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as Trustee and New Boca Syndications Group, LLC (“New Boca”), judgment debtor in

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the underlying adversary action. [ECF No. 9]. The current briefing schedule, as

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stipulated by the Parties, is as follows:

[phone] FAX [phone]

LAS VEGAS, NEVADA 89135

b. CNB’s answering brief is due by May 14, 2018.

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BALLARD SPAHR LLP

a. U.S. Bank as Trustee’s opening brief is due by April 30, 2018.

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1980 Festival Plaza Drive, Suite 900

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c.

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4.

U.S. Bank as Trustee’s reply brief is due by May 28, 2018.
U.S. Bank as Trustee and New Boca have continued to discuss options

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that may eliminate the need for the instant appeal; however, recent developments

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and unforeseen circumstances have materially impacted the timing, content, and

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scope of loan workout discussions between U.S. Bank as Trustee and New Boca,

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which in turn, and if completed, could eliminate the need for this Appeal.

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(remainder of page intentionally left blank)

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Case 2:17-cv-03112-JCM Document 12 Filed 04/30/18 Page 3 of 4

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5.

To provide adequate time for a resolution to those unforeseen

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circumstances and to continue to facilitate discussions between U.S. Bank as Trustee

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and New Boca, the parties to this appeal stipulate and agree to extend the briefing

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schedule as follows:

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a. U.S. Bank as Trustee’s opening brief is due by June 8, 2018.

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b. CNB’s answering brief is due by June 22, 2018.

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c.

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6.

U.S. Bank as Trustee’s reply brief is due by July 6, 2018.
U.S. Bank as Trustee and CNB seek this extension to the briefing

schedule in good faith and not for the purposes of delay.

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Dated: April 27, 2018

[phone] FAX [phone]

LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 Festival Plaza Drive, Suite 900

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BALLARD SPAHR LLP

HUTCHISON & STEFFEN, PLLC

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/s/ Joseph Sakai
Abran E. Vigil, Esq.
Nevada Bar No. 7548
Joseph P. Sakai, Esq.
Nevada Bar No. 13578
Michael A. DiGiacomo
Nevada Bar No. 13478
1980 Festival Plaza Drive, Suite 900
Las Vegas, Nevada 89135

/s/ Jeffrey Hall
Mark A. Hutchison
Nevada Bar No. 4639
Joseph S. Kistler
Nevada Bar No. 3458
Jeffrey R. Hall
Nevada Bar No. 9572
10080 West Alta Drive, Suite 200
Las Vegas, Nevada 89145

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Attorneys for U.S. Bank as Trustee

Attorneys for City National Bank

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ORDER

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IT IS SO ORDERED:

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_______________________________________
UNITED STATES DISTRICT JUDGE
May 4, 2018
Dated:_________________________________

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Case 2:17-cv-03112-JCM Document 12 Filed 04/30/18 Page 4 of 4

CERTIFICATE OF SERVICE

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I certify that on this 30th day of April, 2018, I electronically transmitted a PDF

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version of the foregoing Stipulation and Order to Extend Briefing Schedule using the

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CM/ECF System, for filing and transmittal of a Notice of Electronic Filing to the

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CM/ECF Registrants.

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/s/ Mary Kay Carlton
An employee of Ballard Spahr LLP

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[phone] FAX [phone]

LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 Festival Plaza Drive, Suite 900

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