Opinion
2:17-cv-00143-MMD-VCF
04-27-2023
US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005-AR2 AT 4801 FREDERICA STREET, OWENSBORO, KY 42301, a national association; WELLS FARGO BANK, N.A., a national association; Plaintiffs, v. VILLA VECCHIO CT. TRUST, a Nevada trust; ABSOLUTE COLLECTION SERVICES, LLC, a Nevada limited-liability company; THE FOOTHILLS AT SOUTHERN HIGHLANDS HOMEOWNERS ASSOCIATION, a Nevada non-profit corporation; Defendants. VILLA VECCHIO CT. TRUST, a Nevada trust; Counterclaimant, v. US BANK NATIONAL ASSOCIATION, AS TRUSTEE, SUCCESSOR IN INTEREST TO WACHOVIA BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR WELLS FARGO ASSET SECURITIES CORPORATION, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005- AR2 AT 4801 FREDERICA STREET, OWENSBORO, KY 42301, a national association; WELLS FARGO BANK, N.A., a national association; Counter-Defendants.
Kelly H. Dove, Esq. Nevada Bar No. 10569 Jennifer L. McBee, Esq. Nevada Bar No. 9110 SNELL & WILMER L.LP. Attorneys for Plaintiffs/Counter-Defendants U.S. Bank National Association, as Trustee, and Wells Fargo Bank, N.A. ROGER P. CROTEAU & ASSOCIATES, LTD. Roger P. Croteau (NV Bar 4958) Christopher L. Benner (NV Bar 8963) Attorneys for Defendant/Counterclaimant Villa Vecchio Ct. Trust
Kelly H. Dove, Esq.
Nevada Bar No. 10569
Jennifer L. McBee, Esq.
Nevada Bar No. 9110
SNELL & WILMER L.LP.
Attorneys for Plaintiffs/Counter-Defendants U.S. Bank National Association, as Trustee, and Wells Fargo Bank, N.A.
ROGER P. CROTEAU & ASSOCIATES, LTD.
Roger P. Croteau (NV Bar 4958)
Christopher L. Benner (NV Bar 8963)
Attorneys for Defendant/Counterclaimant Villa Vecchio Ct. Trust
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE ON DISPOSITIVE MOTIONS PURSUANT TO LR 7-2(B)
Plaintiffs/Counter-Defendants U.S. 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 and Wells Fargo Bank, N.A. (jointly, “Plaintiffs”), and Defendant/Counterclaimant Villa Vecchio Ct. Trust (“Villa Vecchio” and together with the Plaintiffs, the “Parties”), through their counsel, for good cause shown, hereby stipulate and agree to modify the briefing schedule set by LR 7-2(b) for the Parties' forthcoming respective motions for summary judgment. In support of this request, the Parties state the following:
1. Pursuant to the Court's April 11, 2023, Minute Order, the current deadline for the Parties to file their respective motions for summary judgment is June 9, 2023. [ECF No. 98.]
2. Pursuant to LR 7-2(b), the deadline to file oppositions to the motions for summary judgment is June 30, 2023, and the deadline to file replies in support of the motions for summary judgment is July 14, 2023.
3. Good cause exists to grant a modest one-week extension for the Parties to file oppositions and replies because lead counsel for Plaintiffs has immovable travel plans during the current briefing schedule, which will abbreviate time for client review.
NOW, THEREFORE, based on the foregoing and subject to Court approval, the Parties agree as follows:
1. That the deadline to file motions for summary judgment shall remain as June 9, 2023;
2. That the deadline for the Parties to file oppositions to the motions for summary judgment shall be extended by one week, from June 30, 2023 to July 7, 2023; and
3. That the deadline for the Parties to file replies in support of the motions for summary judgment shall be extended by one week, from July 21, 2023 to July 28, 2023.
IT IS SO STIPULATED.
ORDER
The Court having considered the foregoing Stipulation Modifying Briefing Schedule on Dispositive Motions Pursuant to LR 7-2(B) (First Request) (“Stipulation”), and good cause appearing, IT IS HEREBY ORDERED:
A. The Parties' Stipulation is approved;
B. The deadline for the Parties to file motions for summary judgment shall not be changed and shall remain as June 9, 2023;
C. The deadline for the Parties to file oppositions to the motions for summary judgment shall be extended by one week, from June 30, 2023 to July 7, 2023; and
D. The deadline for the Parties to file replies in support of the motions for summary judgment shall be extended by one week, from July 21, 2023 to July 28, 2023.
IT IS SO ORDERED.