Palm Avenue Hialeah Trust v. Spinnaker Point Avenue Trust

1 MAURICE WUTSCHER LLP Patrick J. Kane (Pro Hac Vice) 440 Stevens Avenue, Suite 200 Solana Beach, California 92075 Phone No.: (858) 381-7860 Email: [email protected] Attorney for Plaintiff/Counter-Defendant, U.S. Bank National Association as Legal Title Trustee on behalf of USROF IV Legal Title Trust 2015-1 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA USROF IV LEGAL TITLE TRUST 2015-1, ) Case No.: 2:17-cv-00445-APG-VCF BY U.S. BANK NATIONAL ) ASSOCIATION, AS LEGAL TITLE ) STIPULATION AND ORDER TO TRUSTEE, ) CONTINUE THE MAY 31, 2022 ) MANDATORY SETTLEMENT 12 Plaintiff, ) CONFERENCE ) 13 v. ) [FIRST REQUEST TO CONTINUE ) THE MSC] SPINNAKER POINT AVENUE TRUST; ) RIVER GLIDER AVENUE TRUST; ) Date: May 31, 2022 SATICOY BAY, LLC SERIES 5982 ) Time: 10:00 a.m.

SPINNAKER POINT AVENUE; ) Room 4068 MOUNTAIN GATE AT SUNRISE ) The Honorable Elayna J. Youchah MOUNTAIN HOMEOWNERS’ ) ASSOCIATION; ABSOLUTE ) Presiding COLLECTION SERVICES, LLC, ) 18 ) Defendant. ) 19 ) ) SATICOY BAY, LLC SERIES 5982 ) SPINNAKER POINT AVENUE, ) 21 ) Counterclaimant, ) 22 ) vs. ) 23 ) USROF IV LEGAL TITLE TRUST 2015-1, ) BY U.S. BANK NATIONAL ) ASSOCIATION, AS LEGAL TITLE ) TRUSTEE, LLC, ) ) 26 Counter-Defendant ) ) 27 ) 1 IT IS HEREBY STIPULATED Plaintif f/Counter-Defendant, U.S. Bank National Association, as Legal Title Trustee on behalf of USROF IV Legal Title Trust 2015-1 (“Trustee”), Defendant Mountain Gate at Sunrise Mountain Homeowners’ Association (“Mountain Gate”), Defendants and Counterclaimants Saticoy Bay, LLC Series 5982 and Spinnaker Point Avenue (“Defendants”) (collectively, the “Parties”), by their attorneys, hereby submit the following Stipulation and Order to Continue the May 31, 2022 Mandatory Settlement Conference (“MSC”), which is submitted in good faith and not intended to cause any delay to this Court.

8 RECITALS 9 WHEREAS, Trustee’s predecessor-in-interest filed the instant action on February 9, 2017.

10 See Dkt. 1.

11 WHEREAS, on August 31, 2021, the Parties attended a mandatory settlement conference before the Honorable Magistrate Judge, Elayna J. Yochah. See Dkt. 90.

13 WHEREAS, on August 31, 2021, the Honorable Magistrate Judge Elayna J. Yochah issued an Order: (1) continuing the settlement conference to date after the Nevada Supreme Court issued its opinion in Thunder Props; and (2) instructing the Parties to file a joint status report within ten days of a decision in Thunder Props being issued while separately requesting the Parties submit three dates of availability to attend a second settlement conference. See Dkt. 98.

18 WHEREAS, on February 2, 2022, the Nevada Supreme Court issued its Opinion in Thunder Props holding that: (1) “declaratory relief actions are not categorically exempt from statutes of limitations under City of Fernley v. Nevada Department of Taxation, 366 P.3d 699 (Nev. 2016)”; (2) NRS 11.220’s four year “catch all” statute of limitations applies to actions seeking to determine the validity of a lien under NRS 40.010; and (3) the four-year statute of limitations begins to run when “the titleholder affirmatively repudiates the lien, which does not necessarily happen at the foreclosure sale.” See Dkt. 101 25 WHEREAS, on April 1, 2022, the Honorable Magistrate Judge Elayna J. Yochah issued an Order setting the continued MSC for May 31, 2022 at 10:00 a.m. See, Dkt. 112.

27 WHEREAS, on May 25, 2022, Trustee’s counsel tested positive for COVID-19 meaning 1 WHEREAS, the Parties agree that, subject to this Court’s approval, the May 31, 2022 MSC should be continued to a date convenient for this Court, in light of Trustee’s counsel testing positive for COVID-19.

4 Agreement 5 NOW THEREFORE, IT IS HEREBY STIPULATED by and between the Parties to this litigation as follows: 7 1. The May 31, 2022 MSC shall be continued to a date convenient to this Court.

8 Dated: May 25, 2022 MAURICE WUTSCHER LLP /s/ Patrick J. Kane 10 Patrick J. Kane (Pro Hac Vice) Stevens Avenue, Suite 200 11 Solana Beach, California 92075 Phone No.: (858) 381-7860 12 Email: [email protected] 13 Attorneys for Plaintiff/Counter-Defendant, U.S. Bank National Association as Legal Title Trustee on behalf of USROF IV Legal 15 Title Trust 2015-1 Dated: May 25, 2022 BOYACK ORME ANTHONY & MCKIEVER 18 /s/ Patrick Orme Patrick A. Orne 19 7432 W. Sahara Ave. Las Vegas, Nevada 89117 20 Phone No.: (702) 562-3415 Email: [email protected] Attorneys for Defendant, MOUNTAIN GATE AT SUNRISE 23 MOUNTAIN HOMEOWNERS’ ASSOCIATION Dated: May 25, 2022 ROGER P. CROTEAU & ASSOCIATES /s/ Christopher L. Benner 2810 Charleston Boulevard, No. H-75 1 Las Vegas, Nevada 89102 Phone No.: (702) 254-7775 2 Email: [email protected] 3 Attorneys for Defendant and Counterclaimants, SPINNAKER POINT AVENUE TRUST, RIVER GLIDER 5 AVENUE TRUST, and SATICOY BAY, LLC SERIES 5982 SPINNAKER POINT 6 AVENUE 8 Signature Attestation 9 I hereby attest under the penalty of perjury that on May 25, 2022, counsel for defendants approved this Stipulation and gave me permission to electronically sign this Stipulation on his behalf. /s/ Patrick J. Kane Patrick Kane 15 ORDER 16 IT IS SO ORDERED.

17 IT IS FURTHER ORDERED that the settlement conference set for May 31, 2022 is vacated. The Court will issue a separate order rescheduling the settlement conference.

20 Dated this 25th day of May, 2022.

22 ______________________________________ UNITED STATES MAGISTRATE JUDGE