Opinion
CASE NO. 2:10-CV-00057-KJD-LRL
08-17-2011
FIRST SAVINGS BANK, a South Dakota Corporation, Plaintiff, v. CORY A SIMONEAU, KIM RUETER. KIM RUETER COMPANY, an Iowa Corporation, RED MOUNTAIN CONSTRUCTION AND DEVELOPMENT, an Arizona Corporation, DOES I - V, Defendants.
CHRISTOPHER R. McCULLOUGH, ESQ. Nevada Bar #1138 FRANK PEREZ, ESQ. Nevada Bar #5738 McCULLOUGH, PEREZ & ASSOCIATES, LTD. Attorneys for Plaintiff
CHRISTOPHER R. McCULLOUGH, ESQ.
Nevada Bar #1138
FRANK PEREZ, ESQ.
Nevada Bar #5738
McCULLOUGH, PEREZ & ASSOCIATES, LTD.
Attorneys for Plaintiff
PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE
Plaintiff, FIRST SAVINGS BANK., by and through its attorney, of the law firm of McCULLOUGH & ASSOCIATES, LTD., hereby responds to the Order to Show Cause filed by the Court on August 12, 2011.
Said Response is made and based upon the papers and pleadings on file herein, and the Points and Authorities set forth below.
POINTS AND AUTHORITIES
During the course of the litigation. Plaintiff entered settlement discussions with Defendants which resulted in the previous dismissals. It is Plaintiffs intent to continue to pursue CORY A. SIMONEAU and RED MOUNTAIN CONSTRUCTION AND DEVELOPMENT (collectively "Defendants"), through a default in this matter.
Certain matters were in the development which potentially could have affected the damages Plaintiff would have submitted in a default judgment. Those have been resolved and Plaintiff is prepared to move forward with a default and application for a default judgment against the remaining Defendants. Plaintiff anticipates having those actions completed with 60 days of this filing and request the Court not dismiss the matter but rather allow Plaintiff time to secure the default and default judgment against the remaining Defendants.
Respectfully submitted.
McCULLOUGH PEREZ & ASSOCIATES, LTD.
By: __________________
CHRISTOPHER R. McCULLOUGH, ESQ.
Nevada Bar #1138
FRANK PEREZ, ESQ.
Nevada Bar #5738
601 S. Rancho Drive, #A-10
Las Vegas, Nevada 89106
Attorneys for Plaintiff
IT IS SO ORDERED.
__________________
UNITED STATES DISTRICT JUDGE