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

Filing 20

ORDER granting 18 Stipulation; Answering brief due by 7/13/2018. Reply brief due by 7/27/2018. Signed by Judge James C. Mahan on 7/9/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-03112-JCM Document 18 Filed 07/05/18 Page 1 of 4

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Mark A. Hutchison (4639)
Joseph S. Kistler (3458)
Jeffrey R. Hall (9572)
HUTCHISON & STEFFEN, PLLC
Peccole Professional Park
10080 West Alta Drive, Suite 200
Las Vegas, Nevada 89145
Phone [phone]
Fax [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for City National Bank

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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In re:

Case No.: 2:17-cv-03112-JCM

CHARLESTON ASSOCIATES, LLC,

BK-S-13-10499-MKN

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Debtor.

Adv. No.: 10-1452-MNK

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_________________________________________

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CHARLESTON ASSOCIATES, LLC,

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STIPULATION TO EXTEND
BRIEFING SCHEDULE

Plaintiff
(Sixth Request)

v.

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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, Appellee City National Bank (“CNB”)

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and Appellant U.S. Bank National Association, as Trustee, Successor-in-Interest to Bank of

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America, N.A., as Trustee, Successor by Merger to LaSalle Bank National Association, as

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Trustee, for the Registered Holders of Bear Stearns Commercial Mortgage Securities, Inc.,

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Case 2:17-cv-03112-JCM Document 18 Filed 07/05/18 Page 2 of 4

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

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stipulate as follows:

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1.

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

2.

On January 22, 2018, the Court issued a minute order setting the briefing

No. 1].

schedule on the appeal [DKT No. 6].
3.

On March 15, 2018 the Parties stipulated and agreed to extend the briefing

schedule to accommodate the facilitation of discussions between U.S. Bank as Trustee and New
Boca Syndications Group, LLC (“New Boca”), judgment debtor in the underlying adversary

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action. [DKT No. 9].
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4.

On April 4, 2018, the Court granted the Parties’ third stipulation for extension of

time. [DKT No. 10].
5.

On April 27, 2018, the Court granted the Parties’ fourth stipulation for extension

of time. [DKT No. 10], allowing U.S. Bank as Trustee and New Boca to continue to discuss
options that could eliminate the need for the instant appeal.
6.

On June 21, 2018, the Court granted the Parties’ fifth request for an extension of

the briefing schedule as follows: [DKT No. 17]:

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a.

On June 8, 2018 U.S. Bank as Trustee filed its opening brief.

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b.

CNB’s answering brief is due by July 6, 2018.

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c.

U.S. Bank as Trustee’s reply brief is due by July 20, 2018.

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7.

The parties agree that CNB needs additional time to respond to U.S. Bank as

Trustee’s opening brief and agree to extend the briefing schedule as follows:
a. CNB’s answering brief is due by July 13, 2018.
b. U.S. Bank as Trustee’s reply brief is due by July 27, 2018.

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Case 2:17-cv-03112-JCM Document 18 Filed 07/05/18 Page 3 of 4

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8.

U.S. Bank as Trustee and CNB seek this extension to the briefing schedule in

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good faith and not for the purposes of delay.

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requested and granted to date were based on the parties’ (and non-party New Boca’s) effort to

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engage in good faith settlement discussions.

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The parties note that most of the extensions

Dated: July 5, 2018.

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HUTCHISON & STEFFEN, PLLC

BALLARD SPAHR LLP

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/S/ JOSEPH S. KISTLER
_____________________________
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

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

Attorneys for City National Bank

Attorneys for U.S. Bank as Trustee

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ORDER

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IT IS SO ORDERED:

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_______________________________________

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UNITED STATES DISTRICT JUDGE

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July 9, 2018
Dated: ________________________________

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Case 2:17-cv-03112-JCM Document 18 Filed 07/05/18 Page 4 of 4

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CERTIFICATE OF SERVICE
I certify that on this 5th day of July, 2018, I electronically transmitted a PDF version of

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the foregoing Stipulation and Order to Extend Briefing Schedule using the CM/ECF System, for

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filing and transmittal of a Notice of Electronic Filing to the CM/ECF Registrants.

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/s/ Bobbie Benitez

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An employee of Hutchison & Steffen, LLC
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