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U.S. Bank, National Association v. Countryside Homeowners Association

United States District Court, D. Nevada

September 9, 2019

U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE SECURITIES CORP., ADJUSTABLE RATE MORTGAGE TRUST 2005-8, ADJUSTABLE RATE MORTGAGE-BACKED PASS-THROUGH CERTIFICATES, SERICES 2005-8, Plaintiff,
v.
COUNTRYSIDE HOMEOWNERS ASSOCIATION; KK REAL ESTATE INVESTMENT FUND, LLC; DOE INDIVIDUALS I-X, inclusive; and ROE CORPORATIONS I-X, inclusive, Defendants. AND ALL RELATED CLAIMS.

          LUIS A. AYON, ESQ.AYON LAW, PLLC Attorneys for Defendant/Counter-Claimant, KK Real Estate Investment Fund, LLC

          MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT/COUNTER-CLAIMANT KK REAL ESTATE INVESTMENT FUND, LLC AND REQUEST TO BE REMOVED FROM ECF SERVICE LIST

          DANIEL J. ALBREGLS UNITED STATES MAGISTRATE JUDGE

         COMES NOW, Luis A. Ayon, Esq. of the law firm of Ayon Law, PLLC (hereinafter referred to as “Counsel”), counsel of record for Defendant/Counter-Claimant, KK Real Estate Investment Fund, LLC (hereinafter referred to as “Defendant” or “KK Real Estate”), and pursuant to LR IA 11-6 and SCR 46, counsel hereby moves this Court for an Order Granting Counsel's Motion to Withdraw as Counsel of Record for Defendant, with regard to the above-referenced matter.

         This Motion is made and based upon the following memorandum of points and authorities, the papers and pleadings on file herein, as well as the Declaration of Luis A. Ayon, Esq., in support of the Motion to Withdraw as counsel attached hereto.

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. FACTURAL BACKGROUND

         This matter arose out of a Complaint [ECF No. 1] filed by Plaintiff, U.S. Bank, National Association, as Trustee for The Holders of The CSFB Mortgage Securities Corp., Adjustable Rate Mortgage Trust 2005-8, Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series 2005-8 (hereinafter referred to as “Plaintiff” or “U.S. Bank”), in the United States District Court, District of Nevada bearing No. 2:15-cv-1463-RCJ-DJA, on or about July 31, 2015, alleging damages against Defendant, KK Real Estate, with regard to the property located at 8543 Ebony Hills Way, Las Vegas, Nevada 89123. On or about September 17, 2015, Defendant filed an Answer and Counterclaim [ECF No. 21]. On or about October 1, 2015, Plaintiff filed an Answer to the Counterclaim [ECF No. 23].

         On or about October 31, 2016, Plaintiff filed a Motion for Summary Judgment [ECF No. 48] in which Defendant, KK Real Estate, responded to [ECF No. 49] on or about November 23, 2016, followed by a Reply in Support of U.S. Bank's Motion for Summary Judgment [ECF No. 52] on or about December 12, 2016.

         On or about January 12, 2017, a Substitution of Attorney for KK Real Estate [ECF No. 54] was filed by Maier Gutierrez Ayon to substitute in for Hong & Hong. An Order [ECF No. 55] was entered that ruled in favor of U.S. Bank's Motion for Summary Judgment on or about April 13, 2017, in which KK Real Estate filed a Notice of Appeal [ECF No. 59] on or about May 11, 2017.

         On or about May 19, 2017, Maier Gutierrez & Associates filed a Motion to Withdraw as Attorneys of Record [ECF No. 62] for Defendant, KK Real Estate. On or about June 6, 2017, an Order [ECF No. 68] was entered granting Maier Gutierrez & Associates' Motion to Withdraw, followed by Ayon Law, PLLC's Notice of Appearance [ECF No. 70] on behalf of KK Real Estate on or about June 20, 2017.

         At the Status Conference set by the Court on June 10, 2019 [EFC No. 80], the Court determined that this matter be set for a Calendar Call on November 19, 2019 at 9:00 a.m. in Reno, Nevada, and Jury Trial to follow on December 2, 2019 at 8:30 a.m., in Reno, Nevada. However, Defendant KK Real Estate has failed to meet its financial obligations to Ayon Law, and therefore, counsel for Defendant KK Real Estate is requesting to withdraw from this case.

         There are currently two (2) depositions that have been scheduled by Plaintiff. One on October 8, 2019, and on October 9, 2019. Ayon Law is requesting that it withdraw from this matter before those dates.

         II. LEGAL ANALYSIS

         Counsel has good cause to withdraw its representation pursuant to Rule 1.16(b) of the Nevada Rules of Professional Conduct (hereinafter referred to as ...


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