U.S. Bank National Association, Trustee to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association, as Trustee for Accredited Mortgage Loan Trust 2004-2 v. Thunder Properties Inc.

Filing 26

ORDER granting ECF No. 25 Stipulation to vacate Pretrial Order deadline. Signed by Judge Miranda M. Du on 12/7/2017. (Copies have been distributed pursuant to the NEF - DRM)

Download PDF
1 2 3 4 5 6 7 WRIGHT, FINLAY & ZAK, LLP Edgar C. Smith, Esq. Nevada Bar No. 5506 Rock K. Jung, Esq. Nevada Bar No. 10906 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 (702) 475-7964; Fax: (702) 946-1345 rjung@wrightlegal.net Attorneys for Plaintiff, U.S. Bank National Association, Successor Trustee to BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, as Trustee for ACCREDITED MORTGAGE LOAN TRUST 2004-2 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 12 13 14 U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ACCREDITED MORTGAGE LOAN TRUST 2004-2, 15 Case No.: 3:17-cv-00110-MMD-VPC STIPULATION AND ORDER TO EXTEND PRETRIAL ORDER DEADLINE FIRST REQUEST Plaintiff, 16 17 vs. 18 THUNDER PROPERTIES, INC.; PEAVINE ESTATES ASSOCIATION; DOE INDIVIDUALS I through X, inclusive; and ROE CORPORATIONS I through X, inclusive, 19 20 21 Defendants. 22 23 24 25 26 27 Comes now Plaintiff, U.S. Bank National Association, Successor Trustee to Bank Of America, National Association As Successor By Merger To Lasalle Bank National Association, As Trustee For Accredited Mortgage Loan Trust 2004-2 (hereinafter “Plaintiff” or “U.S. Bank”), by and through its attorney, ROCK K. JUNG, ESQ., of the law firm of Wright, Finlay & Zak, LLP, and Defendant Thunder Properties, Inc. (hereinafter “Thunder Properties”), by and through 28 Page 1 of 3 1 its attorney, Timothy E. Rhoda, Esq., of the law firm of Roger P. Croteau & Associates, Ltd., 2 hereby stipulate as follows: 3 STIPULATION 4 5 1. Defendant Thunder Properties’ Motion to Dismiss. 6 7 2. This Court granted Defendant’s Motion to Dismiss Without Prejudice and further stated that Plaintiff had 10 days to file an Amended Complaint. 8 9 This matter came before this Court on November 6, 2017 for hearing on 3. Plaintiff filed the First Amended Complaint on November 10, 2017 adding Peavine Estates Association as a new party. 10 4. Peavine Estates Association was served with the summons and First Amended 11 Complaint on November 17, 2017 and, accordingly, has until December 8, 2017 to file a 12 responsive pleading. 13 5. The Pretrial Order deadline is currently set for December 8, 2017. 14 6. The parties agree that, due to the filing of Plaintiff’s First Amended Complaint 15 and the inevitable arrival of the new party as a result of said filing, the current Pretrial Order 16 deadline should be vacated. 17 7. Upon the appearance of Peavine Estate Association in this action, the parties 18 intend to meet and confer and submit an Amended Discovery Plan and Scheduling Order setting 19 forth amended scheduling deadlines, including the deadline for filing a Pretrial Order. 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Page 2 of 3 1 8. Accordingly, the parties agree to vacate the Pretrial Order deadline. Moreover, as 2 discussed above, due to the impending appearance of a new defendant, the parties intend to 3 submit an Amended Discovery Plan and Scheduling Order upon the appearance of said 4 defendant which resets the remaining discovery deadlines. 5 IT IS SO STIPULATED. 6 7 8 DATED this _7th___ day of December, 2017. DATED this _7th__ day of December, 2017 WRIGHT, FINLAY & ZAK, LLP ROGER P. CROTEAU & ASSOCIATES, LTD. 9 10 11 12 13 14 15 _/s/ Rock K. Jung, Esq.______________ Rock K. Jung, Esq. Nevada Bar No. 10906 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 Attorneys for Plaintiff, U.S. Bank National Association _ /s/ Timothy E. Rhoda, Esq. __________ Timothy E. Rhoda, Esq. Nevada Bar No. 7878 9120 West Post Road, Suite 100 Las Vegas, NV 89148 Attorneys for Defendant, Thunder Properties, Inc. ORDER 16 17 IT IS SO ORDERED: 18 19 UNITED STATES DISTRICT JUDGE 20 December 7, 2017 DATED: ____________________________ 21 22 23 24 25 26 27 28 Page 3 of 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?