LVDG Series 125 established under LVDG, LLC, a Nevada series limited liability company v. Welles et al

Filing 82

ORDER granting ECF No. 81 Stipulation to Extend Litigation Deadlines. Signed by Magistrate Judge William G. Cobb on 10/21/2016. (Copies have been distributed pursuant to the NEF - DRM)

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Andrew Jacobs, Esq.
Nevada Bar No. 12787
Wayne Klomp, Esq.
Nevada Bar No. 10109
SNELL & WILMER L.L.P.
50 West Liberty Street, Suite 510
Reno, Nevada 89501-1961
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Wells Fargo Bank, N.A.

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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
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775.785.5440

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LVDG SERIES 125, established under
LVDG LLC, a Nevada series limited-liability
company,

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Plaintiff,
vs.

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WELLS FARGO BANK, N.A., a national
association,
Counter-Claimant,
vs.
LVDG SERIES 125, established under
LVDG LLC, a Nevada series limited-liability
company,

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Counter-Defendant.

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(First Request)

Defendants.

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STIPULATION AND ORDER TO
EXTEND LITIGATION DEADLINES

HAROLD M. WELLES; VALERIE M.
WELLES; WELLS FARGO BANK, N.A.,
MTC FINANCIAL INC. d/b/a TRUSTEE
CORPS, DOES 1 THROUGH 20, and ROE
CORPORATIONS 1 THROUGH 20,
INCLUSIVE

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Case No. 3:13-cv-00503-LRH-WGC

Pursuant to Local Rules 6-1 and 7-1, it is hereby stipulated by and between Wells Fargo
Bank, N.A. (“Wells Fargo”) together with LVDG Series 125, established under LVDG LLC

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(“LVDG”) and MTC Financial Inc. dba Trustee Corps (“MTC Financial” and jointly with Wells

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Fargo and LVDG, the “Parties”), through their respective attorneys, as follows:
STIPULATION

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WHEREAS, LVDG filed an Amended Complaint (ECF No. 63) on July 21, 2016

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pursuant to an order of this Court granting LVDG appropriate leave to add parties and amend its

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Complaint; and

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WHEREAS, the Amended Complaint names Federal Home Loan Mortgage Corporation

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(“Freddie Mac”) as a new defendant. In addition, it amends the claims that were previously

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brought against Harold M. Welles and Valerie M. Welles (collectively, the “Welles”).
WHEREAS, summonses for service of the Amended Complaint have been issued against

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new Defendant Freddie Mac, as well as the Welles. (ECF Nos. 74-76); and

Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775.785.5440

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WHEREAS, Freddie Mac was served with the summons and Amended Complaint on

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October 17, 2016 (ECF No. 78) and the Welles were served with the summons and Amended

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Complaint on October 17 and October 18, 2016, respectively (ECF No. 78-80).
WHEREAS, although counsel for Wells Fargo Bank may represent Freddie Mac, neither

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Freddie Mac or the Welles have yet appeared in response to the Amended Complaint.
WHEREAS, the Parties understand and agree that additional discovery and motion

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practice will be necessary once Freddie Mac and the Welles appear; and
WHEREAS, MTC Financial has filed a Motion to Dismiss (ECF No. 64) the Amended

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Complaint, which Motion has been fully briefed; and
WHEREAS, Wells Fargo and LVDG have agreed that Wells Fargo’s response to the

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Amended Complaint will be due on the same date as the response due by Freddie Mac; and
WHEREAS, the current litigation deadlines are to be reset upon the appearance of Freddie

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Mac and the Welles.

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NOW THEREFORE the Parties agree and request this Court enter an order allowing for

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an extension of the current litigation deadlines to be reset once Freddie Mac and the Welles have

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appeared in this case. The Parties further agree to appear for a status conference at the request of

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the court. The Parties agree that this request for extending discovery and dispositive motions
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deadlines is made in good faith and not for any improper purpose, but rather to afford the Parties

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and the newly appearing parties the opportunity to complete discovery in this litigation and with

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respect to the Amended Complaint.

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Because Freddie Mac and the Welles have not yet appeared, the Parties agree that upon

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the appearance of said defendants, they will meet and confer to propose new litigation deadlines

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consistent with the needs of all parties and the claims and defenses of this case. The Parties

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further agree that they will consider those elements contained in the Court’s Minute Order (ECF

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No. 51) and will submit a supplemental Case Management Report consistent with the Court’s

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Minute Order.
This is the Parties’ first request to extend litigation deadlines.

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Snell & Wilmer

DATED this 20th day of October, 2016.

DATED this 20th day of October, 2016.

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L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775.785.5440

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SNELL & WILMER L.L.P.

ROGER P. CROTEAU & ASSOCIATES

/s/ Wayne Klomp
Andrew Jacobs, Esq.
Nevada Bar No. 12787
Wayne Klomp, Esq.
Nevada Bar No. 10109
50 West Liberty Street, Suite 510
Reno, Nevada 89501
Attorneys for Wells Fargo Bank, N.A.

/s/ Timothy E. Rhoda
Roger P. Croteau, Esq.
Nevada Bar No. 4958
Timothy E. Rhoda, Esq.
Nevada Bar No. 7878
9120 West Post Rd, Suite 100
Las Vegas, NV 89148
Attorneys for LVDG

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(Remaining Signatures on Following Page)

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(Remaining Signatures and Order re Stipulation to Extend Litigation Deadlines)

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DATED this 20th day of October, 2016.
BROOKS HUBLEY, LLP

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/s/ Michael R. Brooks
Michael R. Brooks, Esq.
Nevada Bar No. 7287
1645 Village Center Cir., #60
Las Vegas, Nevada 89134
Attorneys for MTC Financial

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Snell & Wilmer

L.L.P.
LAW OFFICES
50 West Liberty Street, Suite 510
Reno, Nevada 89501
775.785.5440

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ORDER

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IT IS SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE
October 21, 2016.
DATED:
________________________

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