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U.S. Bank N.A. v. Capitol Reef Revocable Trust

United States District Court, D. Nevada

January 4, 2018

U.S. BANK N. A., AS TRUSTEE F/B/O HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-3, Plaintiff,
v.
CAPITOL REEF REVOCABLE TRUST, a Nevada trust; FALLS AT HIDDEN CANYON HOMEOWNERS ASSOCIATION, INC., a Nevada non-profit corporation, Defendants.

          THE WRIGHT LAW GROUP, P.C. JOHN HENRY WRIGHT, ESQ. ATTORNEY FOR DEFENDANT CAPITOL REEF REVOCABLE TRUST

          TYSON & MENDES, LLP THOMAS E. MCGRATH, ESQ. CHRISTOPHER A. LUND, ESQ. MARGARET SCHMIDT, ESQ. ATTORNEY FOR DEFENDANT FALLS AT HIDDEN CANYON HOMEOWNERS ASSOCIATION

          BALLARD SPAHR LLP ABRAN E. VIGIL AND AMBER R. GONZALES ATTORNEYS FOR PLAINTIFF

          STIPULATION TO AMEND DISCOVERY PLAN AND SCHEDULING ORDER

         Plaintiff U.S. Bank N. A., as Trustee f/b/o Holders of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates, Series 2006-3 (“Trustee”); Defendant Capitol Reef Revocable Trust (“Capitol Reef”); and Defendant Falls at Hidden Canyon Homeowners Association, Inc. (the “Association”) (collectively, the “Parties”) hereby submit this Stipulation to Amend Discovery Plan and Scheduling Order pursuant to LR IA6-1 and LR 26-4.

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. STATEMENT OF FACTS

         Trustee commenced this litigation on December 2, 2016. (ECF No. 1). On December 19, 2016, Trustee filed Proof of Compliance with Federal Rule of Civil Procedure 5.1(a) giving notice of constitutional question to the Nevada Attorney General. (ECF No. 4). On April 5, 2017, the Association filed its answer to Trustee's complaint. (ECF No. 10). On April 14, 2017, Capitol Reef filed a motion to dismiss Trustee's complaint. (ECF No. 14). The Court has not yet ruled on this motion.

         On May 22, 2017, the Parties filed a Stipulated Discovery Plan and Scheduling Order. (ECF No. 18). On May 31, 2017, the Court granted the Stipulated Discovery Plan and Scheduling Order (the “Scheduling Order”). (ECF No. 19). On October 9, 2017, the Parties filed a Stipulation to Amend Discovery Plan and Scheduling Order (First Request). (ECF No. 25). On October 18, 2017, the Court granted the Stipulation to Amend Discovery Plan and Scheduling Order (First Request). (ECF No. 27).

         The Parties have been prosecuting this matter without intentional delays. However, the Parties agree that a short extension of the dispositive motion and joint pretrial order deadlines is necessary and warranted. In light of the intervening holidays, an extension is necessary to permit better access to and communication with the respective parties regarding dispositive motions and to further settlement discussions. More importantly, an extension will allow all parties to discuss settlement options prior to undertaking the expense of briefing dispositive motions.

         II. LOCAL RULE 26-4 REQUIREMENTS

         A. Discovery Completed

         Trustee has completed the following:

i. Service of its Initial Disclosures Pursuant to F.R.C.P. 26(a)(1);
ii. Service of its Request for Admissions, Requests for Production of Documents, and Interrogatories ...

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