U.S. Bank National Association v. Ribeiro
Filing
140
ORDER Denying as moot and without prejudice 41 , 42 , 43 , 46 , 50 , 51 , and 52 Motions for Partial Summary Judgment. Denying as moot and without prejudice 72 Counter Motion for Summary Judgment. Signed by Judge James C. Mahan on 2/28/2013. (Copies have been distributed pursuant to the NEF - SLR)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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U.S. BANK NATIONAL
ASSOCIATION,
2:11-CV-1534 JCM (VCF)
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Plaintiff,
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v.
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JOHNNY A. RIBEIRO, JR.,
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Defendants.
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ORDER
Presently before the court is matter of U.S. Bank National Association v. Ribeiro, case
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number 2:11-cv-01534-JCM-VCF.
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As a preliminary matter, six similar cases have been consolidated into this case number “for
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pretrial purposes, including case management, discovery and dispositive motion practice, including
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motions for summary judgment.” (Doc. # 20).1 Seven partial summary judgments have been filed
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in this case (docs. ## 41, 42, 43, 46, 50, 51, 52), along with responses in opposition (docs. ## 117-
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122) and replies (docs. ## 127-133). Additionally, defendant filed a counter-motion for summary
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judgment. (Doc. # 72). Each of plaintiff’s partial summary judgment motions pertains to the facts
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and loans in one of the seven cases.
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...
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James C. Mahan
U.S. District Judge
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The other six case numbers are: (1) 2:11-cv-01540; (2) 3:11-cv-00689; (3) 3:11-cv-00690;
(4) 3:11-cv-00691; (5) 3:11-cv-00695; and (6) 3:11-cv-00696.
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The parties have filed a notice of settlement. (Doc. # 139). The parties have “reached a
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settlement” and “are currently drafting the settlement documents.” (Id.). The notice of settlement
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has mooted the current pending motions. The motions are therefore denied without prejudice.
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Accordingly,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s seven partial
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summary judgment motions (docs. ## 41, 42, 43, 46, 50, 51, and 52) be, and the same hereby, are
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DENIED as moot. The motions are denied without prejudice.
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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that defendant’s counter-
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motion for summary judgment (doc. # 72) be, and the same hereby, is DENIED as moot. The
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motion is denied without prejudice.
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DATED February 28, 2013.
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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge
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