Opinion
2:17-cv-00143-MMD-VCF
07-20-2023
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.
STIPULATION AND ORDER MODIFYING BRIEFING SCHEDULE ON DISPOSITIVE MOTIONS PURSUANT TO LR 7-2(B) AND MOTION TO REOPEN DISCOVERY
(THIRD REQUEST)
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 remaining briefing on the Parties' pending Motions for Summary Judgment (“MSJs”) and Villa Vecchio's pending Motion to Reopen Discovery (“Motion to Reopen”). In support of this request, the Parties state the following:
1. On April 11, 2023, the Court issued its Minute Order setting a deadline of 60 days within which to file dispositive motions [ECF No. 98].
2. The initial deadline for the Parties to file their respective motions for summary judgment was June 9, 2023 [ECF No. 98].
3. On April 27, 2023, the Parties entered into a Stipulation and Order Modifying Briefing Schedule on Dispositive Motions Pursuant to LR 7-2(b) (First Request), extending the deadline for filing oppositions and replies to their yet-to-be-filed respective motions for summary judgment [ECF No. 101].
4. On May 26, 2023, the Parties entered into a Stipulation and Order Modifying Briefing Schedule on Dispositive Motions Pursuant to LR 7-2(B) (Second Request), extending the deadline for filing oppositions and replies to their yet-to-be-filed respective motions for summary judgment [ECF No. 103].
5. On June 30, 2023, the Parties filed their motions for summary judgment (“MSJs”) [ECF Nos. 105, 107].
6. On June 30, 2023, Defendant/Counterclaimant filed a Motion to Reopen Discovery Solely to Permit Disclosure of Villa Vecchio CT. Trust Bankruptcy (“Motion to Reopen”) [ECF No. 106].
7. On July 11, 2023, the Parties entered into a Stipulation and Order Modifying Briefing Schedule Re Motion to Reopen Discovery (First Request), to align the briefing deadlines for the Motion to Reopen with the briefing deadlines for the MSJs [ECF No. 108].
8. The current deadline to file oppositions to the MSJs and Motion to Reopen is July 21, 2023, and the current deadline to file replies in support of the MSJs and Motion to Reopen is August 18, 2023.
9. Good cause exists to grant a one-week extension for the Parties to file their oppositions and replies to the MSJs and Motion to Reopen to allow sufficient time for client review in light of intermittent summer unavailability.
NOW, THEREFORE, based on the foregoing and subject to Court approval, the Parties agree as follows:
1. That the deadline to file oppositions to the MSJs and Motion to Reopen shall be extended from July 21, 2023 to July 28, 2023; and
2. That the deadline for the Parties to file replies in support of the MSJs and Motion to Reopen shall be extended from August 18, 2023 to August 25, 2023.
ORDER
The Court having considered the foregoing Stipulation Modifying Briefing Schedule on Dispositive Motions Pursuant to LR 7-2(B) and Motion to Reopen Discovery (Third Request) (“Stipulation”), and good cause appearing, IT IS HEREBY ORDERED:
A. That the Parties' Stipulation is approved;
B. That the deadline to file oppositions to the MSJs and Motion to Reopen shall be extended from July 21, 2023 to July 28, 2023; and
C. That the deadline for the Parties to file replies in support of the MSJs and Motion to Reopen shall be extended from August 18, 2023 to August 25, 2023.
IT IS SO ORDERED.