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U.S. Bank Trust, N.A. v. LN Management, LLC

United States District Court, D. Nevada

February 12, 2018

U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST, Plaintiff,
v.
LN MANAGEMENT, LLC SERIES 4004 CAPE SAND; LAS HADAS HOMEOWNERS' ASSOCIATION Defendants.

          Kerry P. Faughnan, Esq.Attorneys for Plaintiff, U.S. Bank, N.A., as Trustee for the Certificateholders of Banc of America Funding Corporation Mortgage Pass- Through Certificates, Series 2006-I

          Edgar C. Smith, Esq., Rock K. Jung, Esq. Attorneys for Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust

          STIPULATION AND ORDER TO EXTEND DISCOVERY AND TO EXTEND DISPOSITIVE MOTION DEADLINE

         Pursuant to Local Rules 6-1 and 7-1, Plaintiff, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (hereinafter “U.S. Bank” or “Plaintiff”) and Defendant, LN Management, LLC Series 4004 Cape Sand (“LN Management” or “Defendant”) by and through their respective attorneys of record, file this joint stipulation and request the court to extend the close of discovery by one hundred twenty (120) days and to extend the dispositive motion deadlines and joint pretrial order deadlines accordingly. This is the parties' first request for an extension of all the current discovery deadlines.

         I. INTRODUCTION

         This dispute involves an HOA foreclosure sale conducted by Defendant Las Hadas Homeowners' Association. Plaintiff U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust (“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 September 6, 2017, the court entered a Scheduling Order ECF No. 18 and set the following deadlines:

Discovery cut-off

February 12, 2018

Amend pleadings and add parties

November 15, 2017

Expert disclosures

December 14, 2017

Rebuttal expert disclosures

January 15, 2018

Dispositive Motions

March 14, 2018

Pretrial order

April 13, 2018

         On December 15, 2017, the court approved the parties Stipulation to Extend the deadline for amending pleadings and add parties, and set the new deadline as January 14, 2018.

         The following discovery has already been completed:

1. U.S. Bank served its initial disclosures on Defendant LN Management, LLC Series 4004 Cape Sand on September 1, 2017,
2. U.S. Bank served its Initial Expert Disclosure on November 2, 2017
3. U.S. Bank propounded written discovery, consisting of First Set of Interrogatories, First Set of Requests for Admissions and First Request for Production of Documents, to Defendant LN Management, LLC Series 4004 Cape Sand on December 11, 2017.
4. Defendant LN Management, LLC Series 4004 Cape Sand responded to U.S. Bank's First Set of Requests for ...

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