PROF-2013-M4 Legal Title Trust IV, by U.S. Bank National Association v. Spinnaker Point Avenue Trust, et al, No. 2:2017cv00445 - Document 139 (D. Nev. 2023)
Court Description: ORDER Granting 138 Stipulation to Continue Trial. Calendar Call set for 6/20/2023 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Bench Trial set for 6/26/2023 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 2/22/2023. (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. 139 Case 2:17-cv-00445-APG-EJY Document 139 Filed 02/22/23 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 [THIRD REQUEST TO CONTINUE TRIAL] Current Trial Date: March 27, 2023 Trial Calendar Call: March 7, 2023 Proposed New Trial Date: June 27, 2023 2:17-cv-00445-APG-VCF Dockets.Justia.com Case 2:17-cv-00445-APG-EJY Document 139 Filed 02/22/23 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 27, 2023 by ninety days (90) pursuant to LR IA 6-1 and LR 7-1. This is the Parties’ third 7 request to continue the currently scheduled trial date and is submitted in good faith and not 8 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 139 Filed 02/22/23 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 139 Filed 02/22/23 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, Trustee previously filed a Motion to Reconsider the Court’s Order granting 8 Defendants’ Motion to Dismiss in light of the Thunder Props’ holding concerning what triggers 9 the applicable statute of limitation (“Motion to Reconsider”). See, Dkt. 104. 10 11 12 13 WHEREAS, on August 12, 2022, the parties submitted a Stipulation to Continue Trial, which this Court granted, and trial was continued to March 27, 2023. See Dkt. 123-124. WHEREAS, on August 22, 2022, Trustee’s Motion to Reconsider was granted in full. See Dkt. a 125. 14 WHEREAS, on September 9, 2022, Trustee filed a Motion to Amend the Scheduling 15 Order to allow Trustee to leave file its Motion For Summary Judgment (“Motion to Amend”), 16 which this Court granted on September 29, 2022. See, Dkt at 127, 130. 17 WHEREAS, on November 1, 2022, Trustee filed its Motion for Summary Judgment as to 18 the First Amended Complaint and Defendants’ Counterclaim (“Motion for Summary Judgment”). 19 See, Dkt. 131. 20 21 22 23 24 25 26 WHEREAS, Trustee’s Motion for Summary Judgment is fully briefed and currently pending. WHEREAS, the Parties cannot move forward until Trustee’s Motion for Summary Judgment is ruled upon as the pleadings will remain unsettled until a ruling is received. WHEREAS, trial is currently scheduled for March 27, 2023. WHEREAS, the parties have been diligent in attempting to bring this matter to a conclusion, including settlement discussions and conducting discovery. 27 WHEREAS, the Parties need additional time to complete settlement discussions, prepare 28 for trial, and for the Court to rule on Trustee’s Motion for Summary Judgment so the parties can Stipulation to Continue Trial 4 2:17-cv-00445-APG-VCF Case 2:17-cv-00445-APG-EJY Document 139 Filed 02/22/23 Page 5 of 6 1 narrow down the issues in this litigation before moving forward with trial preparation and any 2 settlement discussions that may arise after the Court’s ruling on Trustee’s Motion for Summary 3 Judgment. 4 WHEREAS, the Parties agree that, subject to this Court’s approval, the March 27, 2023 5 trial date should be continued for at least ninety days (90) or to a date convenient for this Court 6 to allow the Parties additional time continue their good faith attempts to settle this litigation and 7 prepare for trial, if necessary, after the parties obtain a ruling on Trustee’s Motion for Summary 8 Judgment. 9 10 11 12 Agreement NOW THEREFORE, IT IS HEREBY STIPULATED by and between the Parties to this litigation as follows: 1. The March 27, 2023 trial date be continued for at least ninety days (90), or to a 13 date convenient to this Court. 14 Dated: February 21, 2023 MAURICE WUTSCHER LLP 15 /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 16 17 18 19 Attorneys for Plaintiff/Counter-Defendant, PROF-2013-M4 Legal Title Trust IV, by U.S. Bank National Association, as Legal Title Trustee 20 21 22 BOYACK ORME MCKIEVER Dated: February 21, 2023 23 24 ANTHONY & /s/ Patrick Orme Patrick A. Orne 7432 W. Sahara Ave. Las Vegas, Nevada 89117 Phone No.: (702) 562-3415 Email: Patrick@boyacklaw.com 25 26 27 Attorneys for Defendant, MOUNTAIN GATE AT SUNRISE 28 Stipulation to Continue Trial 5 2:17-cv-00445-APG-VCF Case 2:17-cv-00445-APG-EJY Document 139 Filed 02/22/23 Page 6 of 6 MOUNTAIN HOMEOWNERS’ ASSOCIATION 1 2 3 ROGER P. ASSOCIATES Dated: February 21, 2023 4 5 CROTEAU & /s/ Christopher L. Benner Christopher L. Benner 2810 Charleston Boulevard, No. H-75 Las Vegas, Nevada 89102 Phone No.: (702) 254-7775 Email: chris@croteaulaw.com 6 7 8 Attorneys for Defendant and Counterclaimants, 9 10 SPINNAKER POINT AVENUE TRUST, RIVER GLIDER AVENUE TRUST, and SATICOY BAY, LLC SERIES 5982 SPINNAKER POINT AVENUE 11 12 13 14 15 Signature Attestation 16 17 I hereby attest under the penalty of perjury that on February 21, 2023, counsel for 18 defendants approved this Stipulation and gave me permission to electronically sign this 19 Stipulation on his behalf. /s/ Patrick J. Kane Patrick Kane 20 21 23 IT IS ORDERED that the bench trial scheduled for March 27, 2023 is vacated and continued to June 26, 2023 at 9:00 a.m. The March 21, 2023 calendar call is vacated and continued to June 20, 2023 at 9:00 a.m. in Las Vegas courtroom 6C. 24 IT IS SO ORDERED: 22 25 26 February 22, 2023 Dated:__________________ ________________________ ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 27 28 Stipulation to Continue Trial 6 2:17-cv-00445-APG-VCF
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