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BANK OF AMERICA, N.A. v. SOUTHWEST MEADOWS, 3:16-cv-00183-MMD-VPC. (2016)

Court: District Court, D. Nevada Number: infdco20160718c22 Visitors: 18
Filed: Jul. 14, 2016
Latest Update: Jul. 14, 2016
Summary: STIPULATION AND ORDER TO WITHDRAW ALL EXCEPT THREE LEGAL ARGUMENTS RAISED IN DEFENDANT SOUTHWEST MEADOWS' MOTION TO DISMISS (ECF No. 21) MIRANDA M. DU , District Judge . Plaintiff BANK OF AMERICA, N.A., and Defendant SOUTHWEST MEADOWS, by and through their respective counsel, hereby agree and stipulate as follows: IT IS HEREBY AGREED AND STIPULATED, that all the grounds for dismissal raised by Southwest Meadows in its Motion to Dismiss filed on June 10, 2016 (ECF No. 21), are hereby withd
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STIPULATION AND ORDER TO WITHDRAW ALL EXCEPT THREE LEGAL ARGUMENTS RAISED IN DEFENDANT SOUTHWEST MEADOWS' MOTION TO DISMISS (ECF No. 21)

Plaintiff BANK OF AMERICA, N.A., and Defendant SOUTHWEST MEADOWS, by and through their respective counsel, hereby agree and stipulate as follows:

IT IS HEREBY AGREED AND STIPULATED, that all the grounds for dismissal raised by Southwest Meadows in its Motion to Dismiss filed on June 10, 2016 (ECF No. 21), are hereby withdrawn, without prejudice, except for the following legal arguments:

A. Plaintiff's Claims Regarding Liability Under NRS Chapter 116 are Barred by the Stature of Limitations; B. Plaintiff's Claims Are Barred by the Doctrine of Laches; and C. Plaintiff's Failure to Mediate Its Claims Compels Dismissal of the Complaint Pursuant to Nevada Revised Statues, Section 38.310(2)

The parties have good cause for requesting the withdrawal of all other arguments raised by Southwest Meadows in its this Motion to Dismiss, except for the above-enumerated remaining legal arguments. This is the parties' way of limiting the issues to aid in the expeditious litigation of this case.

The parties have entered into the agreement in good faith and not for purposes of delay. This is the parties' first request concerning Defendant's Motion to Dismiss.

Source:  Leagle

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