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US Bank National Association v. Villa Vecchio Ct. Trust, 2:17-cv-00143-MMD-VCF. (2019)

Court: District Court, D. Nevada Number: infdco20190715986 Visitors: 12
Filed: Jul. 11, 2019
Latest Update: Jul. 11, 2019
Summary: STIPULATION AND ORDER EXTENDING TIME FOR PLAINTIFFS TO RESPOND TO VILLA VECCHIO CT. TRUST'S RENEWED MOTION TO DISMISS COMPLAINT (SECOND REQUEST) 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
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STIPULATION AND ORDER EXTENDING TIME FOR PLAINTIFFS TO RESPOND TO VILLA VECCHIO CT. TRUST'S RENEWED MOTION TO DISMISS COMPLAINT

(SECOND REQUEST)

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 hereby respectfully request the Court enter an order, pursuant to Local Rules IA 6-1 and 7-1, extending the time for Plaintiffs to respond to Villa Vecchio's Renewed Motion to Dismiss Complaint ("Renewed Motion to Dismiss," ECF No. 53) otherwise due on July 10, 2019. The Parties request that the time be extended to July 19, 2019. This is the Parties' second request for an extension of time and is based on the following:

Previously, the Parties sought an extension of time in order to meet and confer regarding either the potential to dismiss certain of Plaintiffs' claims, withdraw the Renewed Motion to Dismiss, or otherwise limit the issues contained in the Renewed Motion to Dismiss. The Parties have not yet reached resolution of those issues, but plan to at least dismiss two of Plaintiffs' claims by stipulation thus limiting the issues in the Renewed Motion to Dismiss and conserving judicial and Party resources. The Parties believe that this additional extension will suffice to allow them to continue to consider alternatives to fully briefing the issues raised in the Motion to Dismiss.

Thus, the Parties continue to consider stipulations to limit the issues in the Renewed Motion to Dismiss or to brief the issues in summary judgment, which motions are due July 31, 2019. The outcome of those considerations will conserve judicial and party resources as identified above. Additionally, Villa Vecchio has recently retained its undersigned counsel who needs additional time to consider the stipulations potentially dismissing several of Plaintiffs' claims and withdrawing the Renewed Motion to Dismiss. Therefore, the stipulation and extension are made by the Parties in good faith for the benefit of each and for the benefit of the Court.

The Stipulation is made for the benefit of the Parties and the Court and not for any deleterious purpose nor to delay these proceedings.

DATED this 10th day of July, 2019. DATED this 10th day of July, 2019. ROGER P. CROTEAU & ASSOCIATES SNELL & WILMER L.L.P. By: /s/ Timothy E. Rhoda 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.

Source:  Leagle

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