All Building and Property Services, Inc. v. Poole et al

Filing 25

ORDER granting ECF No. 23 Motion to Extend Time. Service upon the Trust 60 due Friday, March 11, 2022, or Plaintiff is to file a stipulation resolving the matter between the Plaintiff and the Trust by March 11, 2022. Signed by Magistrate Judge William G. Cobb on 1/11/2022. (Copies have been distributed pursuant to the NEF - HKL)

Case 3:21-cv-00400-LRH-WGC Document 25 Filed 01/11/22 Page 1 of 2

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Kerry P. Faughnan, Esq., NSB #.12204
P.O. Box 335361
North Las Vegas, NV 89033
[phone]
[phone]- Fax
[e-mail]
Attorney for Plaintiff
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No. : . 3:21-cv-00400-LRH-WGC

ALL BUILDING AND PROPERTY
SERVICES, INC., a Nevada corporation,
v.

Plaintiff,

ROBERT E. POOLE, TRUSTEE
DOROTHY D. POOLE TRUST;
DOROTHY D. POOLE, TRUSTEE
DOROTHY D. POOLE TRUST;
DOROTHY D. POOLE TRUST;
VISTA POINTE HOMEOWNERS
ASSOCIATION, a Nevada Non Profit
Cooperative Corporation;
LEACH KERN GRUCHOW ANDERSON
SONG, LTD., a Nevada Limited Liability
Company,
SECRETARY OF HOUSING AND
URBAN DEVELOPMENT;
DOES 1 through 10, inclusive;

ORDER GRANTING
SECOND MOTION TO EXTEND
TIME TO SERVE THE DEFENDANT
THE DOROTHY D. POOLE TRUST

Defendants.

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Comes now Plaintiff ALL BUILDING AND PROPERTY SERVICES, INC., by and
through its attorney, Kerry P. Faughnan, Esq., who moves for an additional 60 day extension of
time to serve the defendant the DOROTHY D. POOLE TRUST, (the “Trust”), from Monday,

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January 10, 2022 to Friday, March 11, 2022.
In furtherance of the motion, Plaintiff’s counsel states:
Plaintiff previously requested and received an extension of time to serve the Trust
defendant until Monday, January 10, 2022. ECF #15, #17.

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Case 3:21-cv-00400-LRH-WGC Document 25 Filed 01/11/22 Page 2 of 2

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Since that time, Plaintiff has now located a representative of the Trust, Sally (Poole)

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Honnold, in the state of Washington, the parties are in contact to attempt to resolve the matter

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without further litigation, and there is the expectation the Trust will be waiving any interest in

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the property.
Further discourse and the drafting of settlement documents will be required to
accomplish this resolution, and if it can not be completed in 60 days, Plaintiff can serve the
Trust to cause the proceedings to advance.
There are no other matters pending, and Plaintiff and the Secretary of Urban Housing
and Development, the only other party remaining in the case, have stayed the case between
them pursuant to a stipulation granted by this court, ECF #22 as they discuss settlement.

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CONCLUSION

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For the above and foregoing reasons, good cause exists for the court to extend the time
of service upon the Trust 60 days, from Monday, January 10, 2022, to Friday, March 11, 2022,

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or Plaintiff is to file a stipulation resolving the matter between the Plaintiff and the Trust by

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March 11, 2022.

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I declare the foregoing true and correct to the best of my knowledge and belief.
DATED January 10, 2022,

/s/ Kerry P. Faughnan__
Kerry P. Faughnan, Esq., NSB 12204
P.O. Box 335361
North Las Vegas, Nevada 89033
(702) 01-3096
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[phone]- Fax
[e-mail]
Attorney for Plaintiff
IT IS SO ORDERED.

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U.S. MAGISTRATE JUDGE
Dated
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:

January 11, 2022