PROF-2013-M4 Legal Title Trust IV, by U.S. Bank National Association v. Spinnaker Point Avenue Trust, et al, No. 2:2017cv00445 - Document 124 (D. Nev. 2022)
Court Description: ORDER Granting 123 Stipulation to Continue Trial. Calendar Call set for 3/21/2023 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Bench Trial set for 3/27/2023 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 8/15/2022. (Copies have been distributed pursuant to the NEF - KF)
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PROF-2013-M4 Legal Title Trust IV, by U.S. Bank National Association v. S...oint Avenue Trust, et al Doc. 124 Case 2:17-cv-00445-APG-EJY Document 124 Filed 08/15/22 Page 1 of 6 1 2 3 4 5 6 MAURICE WUTSCHER LLP Patrick J. Kane (Pro Hac Vice) 440 Stevens Avenue, Suite 200 Solana Beach, California 92075 Phone No.: (858) 381-7860 Email: pkane@mauricewutscher.com Attorney for Plaintiff/Counter-Defendant, PROF-2013-M4 Legal Title Trust IV, by U.S. Bank National Association, as Legal Title Trustee 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROF-2013-M4 LEGAL TITLE TRUST IV, BY U.S. BANK NATIONAL ASSOCIATION, AS LEGAL TITLE TRUSTEE, ) ) ) ) ) Plaintiff, ) ) v. ) ) SPINNAKER POINT AVENUE TRUST; ) RIVER GLIDER AVENUE TRUST; ) SATICOY BAY, LLC SERIES 5982 ) SPINNAKER POINT AVENUE; ) MOUNTAIN GATE AT SUNRISE ) MOUNTAIN HOMEOWNERS’ ) ASSOCIATION; ABSOLUTE ) COLLECTION SERVICES, LLC, ) ) Defendant. ) ) ) ) SATICOY BAY, LLC SERIES 5982 ) SPINNAKER POINT AVENUE, ) ) Counterclaimant, ) ) vs. ) PROF-2013-M4 LEGAL TITLE TRUST IV, ) ) BY U.S. BANK NATIONAL ) ASSOCIATION, AS LEGAL TITLE ) TRUSTEE, ) ) Counter-Defendant ) Stipulation to Continue Trial 1 Case No.: 2:17-cv-00445-APG-VCF STIPULATION AND ORDER TO CONTINUE TRIAL [SECOND REQUEST TO CONTINUE TRIAL] Current Trial Date: September 12, 2022 Trial Calendar Call: August 25, 2022 Proposed New Trial Date: March 14, 2023 2:17-cv-00445-APG-VCF Dockets.Justia.com Case 2:17-cv-00445-APG-EJY Document 124 Filed 08/15/22 Page 2 of 6 1 IT IS HEREBY STIPULATED Plaintiff/Counter-Defendant, PROF-2013-M4-Legal Title 2 Trust IV, by U.S. Bank National Association, (“Trustee”), Defendant Mountain Gate at Sunrise 3 Mountain Homeowners’ Association (“Mountain Gate”), Defendants and Counterclaimants 4 Saticoy Bay, LLC Series 5982 and Spinnaker Point Avenue (“Defendants”) (collectively, the 5 “Parties”), by their attorneys, hereby submit the following Stipulation and Order to Continue the 6 March 14, 2022 by one hundred and eighty days (180) pursuant to LR IA 6-1 and LR 7-1. This 7 is the Parties’ second request to continue the currently scheduled trial date and is submitted in 8 good faith and not intended to cause any delay to this Court. 9 10 11 RECITALS WHEREAS, Trustee’s predecessor-in-interest filed the instant action on February 9, 2017. See Dkt. 1. 12 WHEREAS, on April 12, 2017, the instant action was stayed (the “Stay”). See Dkt. 21. 13 WHEREAS, on August 10, 2017, this Court lifted the Stay. See Dkt. 26. 14 WHEREAS, on August 22, 2017 Trustee’s predecessor-in-interest filed an Amended 15 Complaint asserting the following claims: (1) quiet title; (2) declaratory relief; (3) permanent and 16 preliminary injunction; and (5) unjust enrichment (the “FAC”). See Dkt. 27. 17 WHEREAS, on October 10, 2019, Defendants filed their Answer and Affirmative 18 Defenses to the FAC and filed the following counterclaims against the Trustee: (1) quiet title; and 19 (2) declaratory relief. See Dkt. 49. 20 21 22 23 WHEREAS, on October 10, 2019, Defendants renewed their previously filed Motion to Dismiss. See Dkt. 50. WHEREAS, on April 20, 2020, the Parties filed a “Stipulation for Extension of Time Re: Discovery,” which this Court granted on April 20, 2020. See Dkt. 69-70. 24 WHEREAS, on August 10, 2020, this Court granted Second Motion to Dismiss in part 25 dismissing all of the FAC’s causes of action with the exception of Trustee’s unjust enrichment 26 claim. See, Dkt. 76. 27 WHEREAS, on September 7, 2020, Trustee filed a motion for reconsideration requesting 28 this Court reconsider its Order on Defendants’ Motion to Dismiss based upon changes in Stipulation to Continue Trial 2 2:17-cv-00445-APG-VCF Case 2:17-cv-00445-APG-EJY Document 124 Filed 08/15/22 Page 3 of 6 1 applicable case law that occurred after Defendants’ Motion to Dismiss was fully briefed. See 2 Dkt. at 80. 3 4 5 6 7 8 WHEREAS, on March 3, 2021, the Court denied Trustee’s Motion for Reconsideration. See Dkt. at 85. WHEREAS, on May 4, 2021, this Court set this matter for a bench trial on March 14, 2022 while separately setting this matter for a March 8, 2022 calendar call. See Dkt. 90. WHEREAS, on August 31, 2021, the Parties attended a mandatory settlement conference before the Honorable Magistrate Elayna J. Yochah. See Dkt. 90. 9 WHEREAS, the Parties did not reach a settlement due to the pending statute of limitation 10 question raised by the Ninth Circuit Court of Appeals, which was certified to the Nevada Supreme 11 Court captioned as U.S. Bank v. Thunder Props., Inc., Supreme Court Case No. 8112 (“Thunder 12 Props”). Because the outcome in Thunder Props would likely bear upon the application of the 13 statute of limitation in this case. See Dkt. 98. 14 WHEREAS, on August 31, 2021, the Honorable Magistrate Elayna J. Yochah issued an 15 Order: (1) continuing the settlement conference to date after the Nevada Supreme Court issued 16 its opinion in Thunder Props; and (2) instructing the Parties to file a joint status report within ten 17 days of a decision in Thunder Props being issued while separately requesting the Parties submit 18 three dates of availability to attend a second settlement conference. See Dkt. 98. 19 WHEREAS, on February 2, 2022, the Nevada Supreme Court issued its Opinion in 20 Thunder Props holding that: (1) “declaratory relief actions are not categorically exempt from 21 statutes of limitations under City of Fernley v. Nevada Department of Taxation, 366 P.3d 699 22 (Nev. 2016)”; (2) NRS 11.220’s four year “catch all” statute of limitations applies to actions 23 seeking to determine the validity of a lien under NRS 40.010; and (3) the four-year statute of 24 limitations begins to run when “the titleholder affirmatively repudiates the lien, which does not 25 necessarily happen at the foreclosure sale.” See Dkt. 101 26 WHEREAS, on February 10, 2022, the Parties filed their Joint Status Report outlining the 27 holding of the Thunder Props decisions and providing the following dates to attend a second 28 settlement conference: (1) March 4, 2022; (2) March 9, 2022; or (3) April 8, 2022. See Dkt. 101. Stipulation to Continue Trial 3 2:17-cv-00445-APG-VCF Case 2:17-cv-00445-APG-EJY Document 124 Filed 08/15/22 Page 4 of 6 1 2 3 4 5 6 WHEREAS, Honorable Magistrate Elayna J. Yochah scheduled the continued settlement conference for May 31, 2022. WHEREAS, Trustee’s counsel contracted COVID-19 and could not attend the settlement conference as a result so the settlement conference was reset for August 11, 2022 at 9:00 a.m. WHEREAS, the Parties attended the August 11, 2022 settlement conference and while the matter did not settle, the Parties believe they made progress towards reaching a settlement. 7 WHEREAS, trial is currently scheduled for September 12, 2022. 8 WHEREAS, Trustee previously filed a Motion to Reconsider the Court’s Order granting 9 Defendants’ Motion to Dismiss in light of the Thunder Props’ holding concerning what triggers 10 11 12 13 14 15 16 the applicable statute of limitation (“Motion to Reconsider”). See, Dkt. 104 WHEREAS, Trustee’s Motion to Reconsider is fully briefed and the Court has not yet issued its ruling on said Motion. WHEREAS, the Parties cannot move forward until Trustee’s Motion to Reconsider is ruled upon as the pleadings will remain unsettled until a ruling is received. WHEREAS, the loan at issue was recently sold to a new investor and service transferred to a new loan servicer requiring the new investor substitute into this matter. 17 WHEREAS, there have been additional delays in this litigation due to the COVID-19 18 pandemic and resulting government, court and health orders and restrictions, including Trustee’s 19 counsel contracting COVID-19 at the end of May 2022. 20 21 WHEREAS, the parties have been diligent in attempting to bring this matter to a conclusion, including settlement discussions and conducting discovery. 22 WHEREAS, the Parties need additional time to complete settlement discussions and for 23 the Court to rule on Trustee’s Motion to Reconsider in light of the recent Thunder Props holding 24 so the parties can narrow down the issues in this litigation before moving forward with dispositive 25 motion practice and trial preparation. 26 WHEREAS, the Parties agree that, subject to this Court’s approval, the September 12, 27 2022 trial date should be continued for at least one hundred and eighty days (180) or to a date 28 convenient for this Court to allow the Parties additional time continue their good faith attempts Stipulation to Continue Trial 4 2:17-cv-00445-APG-VCF Case 2:17-cv-00445-APG-EJY Document 124 Filed 08/15/22 Page 5 of 6 1 to settle this litigation now that they have the benefit of guidance from the Nevada Supreme Court 2 on the statute of limitation issue in this case and, after the parties obtain a ruling on Trustee’s 3 Motion to Reconsider in light of the new applicable case law. 4 5 6 7 Agreement NOW THEREFORE, IT IS HEREBY STIPULATED by and between the Parties to this litigation as follows: 1. The September 12, 2022 trial date be continued for at least 180 days, or to a date 8 convenient to this Court. 9 Dated: August 12, 2022 MAURICE WUTSCHER LLP 10 /s/ Patrick J. Kane Patrick J. Kane (Pro Hac Vice) 440 Stevens Avenue, Suite 200 Solana Beach, California 92075 Phone No.: (858) 381-7860 Email: pkane@mauricewutscher.com 11 12 13 14 Attorneys for Plaintiff/Counter-Defendant, PROF-2013-M4 Legal Title Trust IV, by U.S. Bank National Association, as Legal Title Trustee 15 16 17 BOYACK ORME MCKIEVER Dated: August 12, 2022 18 19 & /s/ Patrick Orme Patrick A. Orne 7432 W. Sahara Ave. Las Vegas, Nevada 89117 Phone No.: (702) 562-3415 Email: Patrick@boyacklaw.com 20 21 22 Attorneys for Defendant, MOUNTAIN GATE AT SUNRISE MOUNTAIN HOMEOWNERS’ ASSOCIATION 23 24 25 26 ANTHONY 27 ROGER P. ASSOCIATES 28 /s/ Christopher L. Benner Dated: August 12, 2022 Stipulation to Continue Trial 5 CROTEAU & 2:17-cv-00445-APG-VCF Case 2:17-cv-00445-APG-EJY Document 124 Filed 08/15/22 Page 6 of 6 Christopher L. Benner 2810 Charleston Boulevard, No. H-75 Las Vegas, Nevada 89102 Phone No.: (702) 254-7775 Email: chris@croteaulaw.com 1 2 3 Attorneys for Defendant and Counterclaimants, 4 5 SPINNAKER POINT AVENUE TRUST, RIVER GLIDER AVENUE TRUST, and SATICOY BAY, LLC SERIES 5982 SPINNAKER POINT AVENUE 6 7 8 9 10 11 Signature Attestation 12 I hereby attest under the penalty of perjury that on August 12, 2022, counsel for defendants 13 approved this Stipulation and gave me permission to electronically sign this Stipulation on his 14 behalf. /s/ Patrick J. Kane Patrick Kane 15 16 17 18 ORDER 19 This case is set for court trial on the stacked calendar on March 27, 2023 at 9:00 a.m. Calendar 20 call will be held on March 21, 2023 at 9:00 a.m. in Courtroom 6C. 21 22 IT IS SO ORDERED: 23 August 15, 2022 Dated:__________________ 24 ________________________ ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 25 26 27 28 Stipulation to Continue Trial 6 2:17-cv-00445-APG-VCF
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