Filed: Jul. 22, 2019
Latest Update: Jul. 22, 2019
Summary: ORDER RE: STIPULATION AND ORDER TO WITHDRAW VILLA VECCHIO CT. TRUST'S RENEWED MOTION TO DISMISS COMPLAINT MIRANDA M. DU , District Judge . Plaintiffs US Bank National Association, as Trustee, Successor in Interest to Wachovia Bank, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-AR2 at 4801 Frederica Street, Owensboro, KY 42301 ("US Bank") and Wells Fargo Bank, N.A. ("Wells Fargo" and together with US Bank, "Plain
Summary: ORDER RE: STIPULATION AND ORDER TO WITHDRAW VILLA VECCHIO CT. TRUST'S RENEWED MOTION TO DISMISS COMPLAINT MIRANDA M. DU , District Judge . Plaintiffs US Bank National Association, as Trustee, Successor in Interest to Wachovia Bank, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-AR2 at 4801 Frederica Street, Owensboro, KY 42301 ("US Bank") and Wells Fargo Bank, N.A. ("Wells Fargo" and together with US Bank, "Plaint..
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ORDER RE: STIPULATION AND ORDER TO WITHDRAW VILLA VECCHIO CT. TRUST'S RENEWED MOTION TO DISMISS COMPLAINT
MIRANDA M. DU, District Judge.
Plaintiffs US Bank National Association, as Trustee, Successor in Interest to Wachovia Bank, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2005-AR2 at 4801 Frederica Street, Owensboro, KY 42301 ("US Bank") and Wells Fargo Bank, N.A. ("Wells Fargo" and together with US Bank, "Plaintiffs"), and Defendant Villa Vecchio Ct. Trust ("Villa Vecchio" and together with Plaintiffs and Villa Vecchio, the "Parties"), through their counsel of record hereby stipulate and agree that Villa Vecchio's Renewed Motion to Dismiss Complaint (ECF No. 53) is withdrawn without prejudice. The Parties enter this Stipulation based on the fact that they have stipulated to dismiss Plaintiffs' Third and Fourth Claims for Relief (ECF No. 60) which moots a portion of the Motion to Dismiss. And further, the Parties understand and agree that the arguments raised in the Motion to Dismiss are likely to be raised in briefing on cross motions for summary judgment, due July 31. The Parties thus enter this Stipulation to conserve party and judicial resources by avoiding duplicative briefing, and not to prejudice any party.
The Parties respectfully request that the Court grant this Stipulation withdrawing the Motion to Dismiss
DATED this 19 day of July, 2019. DATED this 19 day of July, 2019.
ROGER P. CROTEAU & ASSOCIATES SNELL & WILMER L.L.P.
By: /s/ Roger P. Croteau By: /s/ Wayne Klomp
Roger P. Croteau, Esq. Alex L. Fugazzi, Esq.
Nevada Bar No. 4958 Nevada Bar No. 9022
Timothy E. Rhoda, Esq. Wayne Klomp, Esq.
Nevada Bar No. 7878 Nevada Bar No. 10109
9120 West Post Road, Suite 100 50 West Liberty Street, Suite 510
Las Vegas, Nevada 89148 Reno, Nevada 89501
Attorneys for Villa Vecchio Ct. Trust Attorneys for US Bank and Wells Fargo
IT IS SO ORDERED.
