United States District Court, D. Nevada
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, Plaintiff,
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.
Y. HONG, ESQ., HONG & HONG LAW OFFICE, Attorney for KK
Real Estate Investment Fund, LLC.
ORDER GRANTING, MOTION TO RECONSIDER ORDER DENYING
MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT/COUNTER-CLAIMANT
KK REAL ESTATE INVESTMENT FUND, LLC AND REQUEST TO BE REMOVED
FROM ECF SERVICE LIST
C. JONES DISTRICT JUDGE.
NOW, Joseph Y. Hong, Esq. of the law firm of Hong & Hong
("Counsel"), counsel of record for
Defendant/Counterclaimant, KK Real Estate Investment Fund,
LLC. ("Defendant" or "KK Real Estate"),
moves the Court to reconsider its November 13, 2019 Order
denying his Motion to Withdraw as Counsel, [ECF No. 96],
pursuant to rule 54(b).
OF POINTS AND AUTHORITIES
instant case arose out of a Complaint 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") [ECF
No. 1], 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.
about September 17, 2015, Defendant filed an Answer and
Counterclaim [ECF No. 21], and on or about October 1, 2015,
Plaintiff filed an Answer to the Counterclaim [ECF No. 23].
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.
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
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 Ay on Law,
PLLC's Notice of Appearance [ECF No. 70] on behalf of KK
Real Estate on or about June 20, 2017.
Status Conference set by the Court on June 10, 2019 [ECF 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.
Law, PLLC filed a Motion to Withdraw as Attorneys of Record
[ECF No. 85] for Defendant, KK Real Estate, on September 5,
2019, and an Order granting same [ECF No. 87] was entered on
September 9, 2019. Thereafter, On September 17, 2019, Hong
& Hong filed its Notice of Appearance [ECF No. 88] on
behalf of Defendant/Counter-claimant, KK Real Estate. On
November 7, 2019, Hong & Hong filed its Motion to
Withdraw as Counsel for Defendant/Counter-claimant [ECF No.
92] for the reasons set forth therein.
November 13, 2019, the Court issued its Order [ECF 96]
denying same but provided that "the Court would
reconsider this motion if counsel can present substitute
counsel such that trial will not need to be continued."
See ECF No. 96.
November 14, 2019, the Law Offices of Michael F. Bohn, Esq.,
filed its Notice of Appearance on behalf of
Defendant/Counter-claimant KK Real Estate [ECF No. 100],
Thus, as KK Real Estate now has retained substitute counsel,
and pursuant to this Court's Order [ECF No. 96], Hong
& Hong respectfully requests the Court ...