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U.S. Bank v. 4022 Emerald Wood Trust

United States District Court, D. Nevada

February 7, 2018

U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE TO BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE MERRILL LYNCH MORTGAGE INVESTORS TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-HE3, Plaintiff,
v.
4022 EMERALD WOOD TRUST, an unknown entity; ALEXANDER PARK HOMEOWNERS' ASSOCIATION, INC.; DOE INDIVIDUALS I through X, inclusive; and ROE CORPORATIONS XI through XX, inclusive, Defendants.

          WRIGHT, FINLAY & ZAK, LLP, TYSON & MENDES LL, EDGAR C. SMITH THOMAS E. MCGRATH, ROCK K. JUNG CHRISTOPHER A. LUND Attorneys for Plantiff, U.S. Bank, National Attorneys for Defendant Association Alexander Park Homeowners' Association, Inc.

          AYON LAW, PLLC, LUIS A. AYON ALLISON SCHMIDT Attorneys for Defendant 4022 Emerald Wood Trust

          STIPULATION AND ORDER TO EXTEND DISCOVERY AND TO EXTEND DISPOSITIVE MOTION DEADLINE (SECOND REQUEST)

         The parties file this joint stipulation and request the court to extend the close of discovery by thirty (30) days and to extend the dispositive motion deadlines and joint pretrial order deadlines accordingly. This is the parties' second request for an extension of discovery deadlines.

         I. INTRODUCTION

         This dispute involves an HOA foreclosure sale conducted by Defendant Alexander Park Homeowners' Association, Inc. (“Alexander Park”). Plaintiff U.S. Bank, National Association (“U.S. Bank”) seeks to quiet title as to the foreclosed property and seeks other related relief pertaining to the sale of the property. The primary issue is whether U.S. Bank's deed of trust survived the foreclosure sale.

         II. STATEMENT SPECIFYING THE DISCOVERY COMPLETED.

         On October 17, 2017, the court entered a revised Scheduling Order ECF No. 33 and set the following deadlines:

Discovery cut-off

February 5, 2018

Expert disclosures

December 5, 2017

Rebuttal expert disclosures

January 4, 2018

Dispositive Motions

March 5, 2018

Pretrial order

April 3, 2018

         DATED this 5th day of February 2018.

The following discovery has already been completed:

         1. U.S. Bank served its initial disclosures on Defendant 4022 EMERALD WOOD TRUST (“Trust”) on April 21, 2017, 2. Defendant Trust served its initial disclosures on U.S. Bank on April 20, 2017, 3. U.S. Bank propounded written discovery to Trust on May 9, 2017.

         4. Defendant Trust served its First Supplement to its initial disclosures on June 26, 2017.

         5. Defendant Trust responded to U.S. Bank's discovery ...


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