US Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates Series 2006-BC4 v. Woodland Village et al

Filing 79

ORDER granting ECF No. 78 Stipulation : ECF Nos. 68 Motion; 71 Response; and 72 Motion, are withdrawn Signed by Judge Robert C. Jones on 4/27/2023. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:16-cv-00501-RCJ-CSD Document 79
78 Filed 04/27/23
03/21/23 Page 1 of 3

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8515
SCOTT R. LACHMAN, ESQ.
Nevada Bar No. 12016
LILITH V. XARA, ESQ.
Nevada Bar No. 13138
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Attorneys for US Bank National Association,
as Trustee for the Specialty Underwriting
and Residential Finance Trust Mortgage Loan
Asset-Backed Certificates Series 2006-BC4

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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US BANK NATIONAL ASSOCIATION, AS
TRUSTEE
FOR
THE
SPECIALTY
UNDERWRITING
AND
RESIDENTIAL
FINANCE TRUST MORTGAGE LOAN
ASSET-BACKED CERTIFICATES SERIES
2006-BC4,
Plaintiff,

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vs.
WOODLAND VILLAGE HOMEOWNERS
ASSOCIATION; WESTLAND REAL ESTATE
DEVELOPMENT
AND
INVESTMENTS;
THUNDER PROPERTIES, INC.; AND PHIL
FRINK & ASSOCIATES, INC.,

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Defendants.

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{69020380;1}

Case No. 3:16-cv-00501-RCJ-CSD
STIPULATION AND ORDER TO
WITHDRAW MOTION FOR SUMMARY
JUDGMENT,
OPPOSITION
TO
SUMMARY JUDGMENT, AND MOTION
TO RE-OPEN DISCOVERY; AND TO
JOINTLY REQUEST DISCOVERY BE
RE-OPENED

Case 3:16-cv-00501-RCJ-CSD Document 79 Filed 04/27/23 Page 2 of 3

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US Bank National Association, as Trustee for the Specialty Underwriting and Residential

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Finance Trust Mortgage Loan Asset-Backed Certificates Series 2006-BC4 (U.S. Bank) and Thunder

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Properties, Inc., (Thunder) stipulate as follows:

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(1) On January 17, 2023 U.S. Bank filed its motion for summary judgment. ECF No. 68.

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(2) On February 21, 2023, Thunder filed its response to motion for summary judgment, ECF

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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No. 71, and a motion requesting discovery be re-opened. ECF No. 72.

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(3) The parties jointly request the court permit U.S. Bank to withdraw its motion for summary

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judgment, Thunder to withdraw its response to motion for summary judgment, and its motion to re-

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open discovery.

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(4) The parties jointly agree that there are issues which have not been the subject of discovery

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previously due to developing caselaw and other factors not within the control of the parties, including

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relevant claims and/or defenses that had not yet ripened at the time the instant action was previously

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dismissed and became the subject of appeal.

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(5) The parties request the court re-open discovery, permit one-hundred and twenty (120) days
of additional discovery and set a new dispositive motion deadline.

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(6) The parties believe the discovery requested is both required and in the best interests of the

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parties and the court—so that dispositive motions and/or the final adjudication of this matter are

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supported fully with the remaining record to be developed.

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. . .
{69020380;1}

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Case 3:16-cv-00501-RCJ-CSD Document 79 Filed 04/27/23 Page 3 of 3

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DATED this 21st day of March, 2023.
AKERMAN LLP

ROGER P. CROTEAU & ASSOCIATES, LTD.

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/s/ Lilith V. Xara
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8515
SCOTT R. LACHMAN, ESQ.
Nevada Bar No. 12016
LILITH V. XARA, ESQ.
Nevada Bar No. 13138
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/s/ Timothy E. Rhoda
ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
2810 W. Charleston Boulevard, Suite 67
Las Vegas, NV 89102

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AKERMAN LLP

to either party.

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

This request is made in good faith and not for the purpose of delay, and will not cause prejudice

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Attorneys for Thunder Properties, Inc.

Attorneys for US Bank National Association, as
Trustee for the Specialty Underwriting and
Residential Finance Trust Mortgage Loan AssetBacked Certificates Series 2006-BC4

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ORDER
IT IS SO ORDERED.

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_________________________________________
UNITED STATES DISTRICT COURT JUDGE

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April 27, 2023
DATED: _________________________________

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{69020380;1}

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