Wells Fargo Bank, N.A., as Indenture Trustee for the Registered Holders of IMH Assets Corp., Collateralized Asset-Backed Bonds, Series 2004-11 v. The Sky Vista Homeowners Association et al

Filing 98

ORDER granting ECF No. 97 Stipulation to Continue. The Calendar Call currently scheduled for 7/6/2020 and Jury Trial currently scheduled for 7/20/20 are hereby vacated and reset as follows: Calendar Call is set for Tuesday 9/8/2020 at 10:00 a.m. in Reno Courtroom 3. Jury Trial is set for Monday, 9/21/2020 at 8:30 a.m. in Reno Courtroom 3. Signed by Judge Robert C. Jones on 6/10/2020. (Copies have been distributed pursuant to the NEF - LW)

Case 3:15-cv-00390-RCJ-VPC Document 97 Filed 06/09/20 Page 1 of 3

1
2
3
4
5
6
7

TYSON & MENDES LLP
THOMAS E. MCGRATH
Nevada Bar No. 7086
Email: [e-mail]
CHRISTOPHER A. LUND
Nevada Bar No. 12435
Email: [e-mail]
3960 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
Attorneys for Defendant The Sky Vista Homeowners Association
UNITED STATES DISTRICT COURT

8
9

11
Las Vegas, Nevada 89169

3960 Howard Hughes Parkway, Suite 600

10

DISTRICT OF NEVADA
Case No. 3:15-cv-00390-RCJ-VPC
USCA No. 17-15977

WELLS FARGO BANK, N.A., as Indenture
Trustee for the Registered Holders of IMH
ASSETS CORP., Collateralized Asset-Backed
Bonds, Series 2004-11,

ORDER TO CONTINUE TRIAL
DATE

Plaintiffs,

12
13

vs.

14

THE SKY VISTA HOMEOWNERS
ASSOCIATION; AIRMOTIVE
INVESTMENTS, LLC, a Nevada limited
liability company; DOE INDIVIDUALS I-X
inclusive, and ROE CORPORATIONS I-X,
inclusive,

15
16
17

(First Request)

Defendants.

18
19

COME NOW Defendant THE SKY VISTA HOMEOWNERS ASSOCIATION (“Sky

20

Vista”), Defendant AIRMOTIVE INVESTMENTS, LLC (“Airmotive”), and Plaintiff WELLS

21

FARGO BANK, N.A., AS TRUSTEE (“Wells Fargo”), by and through their undersigned counsel,

22

and hereby stipulate and request to continue the jury trial currently set to begin on July 20, 2020

23

at 8:30 a.m. The grounds for the Parties’ stipulation and request are as follows:

24

1.

A three-day jury trial is set to begin on July 20, 2020 at 8:30 a.m.

25

2.

There are currently two outstanding Motions for Summary Judgment.

26

3.

On December 12, 2019, Airmotive filed its Motion for Summary Judgment (ECF

27
28

79) (“Airmotive’s MSJ”).
4.

On January 17, 2020, Wells Fargo filed its Opposition to Airmotive’s MSJ (ECF
1

Case 3:15-cv-00390-RCJ-VPC Document 97 Filed 06/09/20 Page 2 of 3

1

84).

2

5.

3

(ECF 89).

4

6.

The Court has not rendered a decision on Airmotive’s MSJ.

5

7.

On December 13, 2019, Wells Fargo filed its Second Motion for Summary

6

Judgment (ECF 80) (“Wells Fargo’s MSJ”).
8.

7
8

On January 31, 2020, Airmotive filed its Reply in Support of Airmotive’s MSJ

On January 17, 2020, both Sky Vista and Airmotive filed oppositions to Wells

Fargo’s MSJ. See ECF 83 and 85.

(ECF 88).

11
Las Vegas, Nevada 89169

9.

10
3960 Howard Hughes Parkway, Suite 600

9

On January 31, 2020, Wells Fargo filed its Reply in support of Wells Fargo’s MSJ

10.

The Court has not rendered a decision on Wells Fargo’s MSJ.

12

11.

On March 13, 2020, Wells Fargo filed its Motion for Leave to File Supplemental

13

Authority Supporting its Motion for Partial Summary Judgment (“Suppl. Authority Motion”) (ECF

14

91).
12.

15
16

On March 27, 2020 both Sky Vista and Airmotive filed Oppositions to Wells

Fargo’s Suppl. Authority Motion. See ECF 92 and 93.

17

13.

The Court has not rendered a decision on Wells Fargo’s Suppl. Authority Motion.

18

14.

The precautions surrounding COVID-19 outbreak make it unlikely a jury can be

19

impaneled for a July 20, 2020 trial. See April 9, 2020 Amended Temporary General Order 2020-

20

03.
Stipulation and Request

21
22

In light of the above, the Parties stipulate to and request that:

23

1.

The July 20, 2020 jury trial be vacated, and

24

2.

A new three-day jury trial date be set for a time that the Court will likely be able

25

to impanel a jury and after the Court renders its decision on Airmotive’s MSJ, Wells Fargo’s

26

MSJ, and Wells Fargo’s Supp. Authority Motion.

27

This Stipulation is made in good faith, not for purposes of delay, but for the purposes of

28

narrowing the issues for trial, judicial economy, and focusing the Parties’ trial-preparation
2

Case 3:15-cv-00390-RCJ-VPC Document 97 Filed 06/09/20 Page 3 of 3

1
2

resources.
DATED this 9th day of June 2020.

3

TYSON & MENDES LLP

ROGER P. CROTEAU & ASSOC., LTD.

4

/s/ Christopher A. Lund
THOMAS E. MCGRATH
Nevada Bar No. 7086
CHRISTOPHER A. LUND
Nevada Bar No. 12435
3960 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169
Tel: [phone]
Attorneys for Defendant The Sky Vista HOA
AKERMAN LLP

/s/ Timothy E. Rhoda
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
Tel: [phone]
Attorney for Defendant Airmotive Investments,
LLC

5
6
7
8
9

11
Las Vegas, Nevada 89169

3960 Howard Hughes Parkway, Suite 600

10

12
13
14
15
16
17
18
19
20
21

/s/ Jamie K. Combs
ARIEL E. STERN
Nevada Bar No. 8276
JAMIE K. COMBS
Nevada Bar No. 13088
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Tel: [phone]
Attorneys for Plaintiff Wells Fargo
IT IS ORDERED that the Calendar Call currently scheduled for 7/6/2020 and Jury Trial currently
IT IS SO ORDERED.
scheduled for 7/20/20 are hereby vacated and reset as follows: Calendar Call is set for Tuesday
9/8/2020 at 10:00 a.m. in Reno Courtroom Dated _______________________
3. Jury Trial is set for Monday, 9/21/2020 at 8:30 a.m.
in Reno Courtroom 3.

IT IS UNITED STATES DISTRICT JUDGE
SO ORDERED.
.
Dated: June 10, 2020.
.
___________________________________________
ROBERT C. JONES, U.S. DISTRICT JUDGE

22
23
24
25
26
27
28
3