1597 Ashfield Valley Trust et al v. Federal National Mortgage Association System et al
| 1597 Ashfield Valley Trust, David Toth and Sirwan Toth |
| Federal National Mortgage Association System, Oscar Moreno and Venta Financial Group, Inc. |
| 1597 Ashfield Valley Trust, Absolute Collection Services, LLC, Hiddencrest/Parkhurst Community Association, David Toth and Sirwan Toth |
| Federal Housing Finance Agency |
| Federal National Mortgage Association System |
| 2:2014cv02123 |
| December 15, 2014 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Carl W. Hoffman |
| James C. Mahan |
| Real Property: Other |
| 28 U.S.C. ยง 1444 Petition for Removal- Foreclosure |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
166
FINAL JUDGMENT. Signed by Judge James C. Mahan on 9/5/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
160
ORDER. IT IS HEREBY ORDERED that the parties shall submit a final proposed judgment in accordance with the parties joint status report. IT IS FURTHER ORDERED that 113 defendant Moreno's motion for summary judgment, and the same hereby is, DISMISSED as moot. IT IS FURTHER ORDERED that 126 intervenor FHFA and defendant FNMA's motion for summary judgment be, and the same hereby is, DISMISSED as moot. Signed by Judge James C. Mahan on 8/24/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
152
ORDER. IT IS ORDERED that the parties hereby have ten days from the date of this order to file a stipulation to dismiss or a joint status report. Signed by Judge James C. Mahan on 8/15/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
148
ORDER. IT IS HEREBY ORDERED that 147 Ashlie L. Surur, Esq.'s Motion for Leave to Withdraw is granted. IT IS FURTHER ORDERED that the Clerk of the Court shall remove Ashlie L. Surur, Esq. from the CM/ECF service list in this case. Signed by Magistrate Judge George Foley, Jr on 6/6/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
144
ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 143 the report and recommendation of Magistrate Judge Foley be, and the same hereby are, ADOPTED in their entirety. Signed by Judge James C. Mahan on 5/30/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
141
ORDER re 128 Order on Motion to Withdraw as Attorney. Plaintiff shall show cause, in writing, no later than 12/23/2016, why sanctions should not be imposed. Signed by Magistrate Judge George Foley, Jr on 12/8/2016. (Copies have been distributed pursuant to the NEF - JM)
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Filing
139
ORDER Granting 137 Stipulation. IT IS SO ORDERED that Oscar Moreno's response to 126 FHFA/FNMA's Motion for Summary Judgment shall be due on 11/15/16. Signed by Judge James C. Mahan on 11/29/16, NUNC PRO TUNC 11/15/2016. (Copies have been distributed pursuant to the NEF - ADR) Modified on 11/30/2016 to link to correct document (ADR).
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Filing
138
ORDER Granting 136 Motion to Remove Attorney Krista J. Nielson from Electronic Service List. Signed by Magistrate Judge George Foley, Jr. on 11/28/2016. (Copies have been distributed pursuant to the NEF - NEV)
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Filing
128
ORDER Granting 127 Motion to Withdraw as Attorney. Patrick W Kang withdrawn from the case. IT IS FURTHER ORDERED that 1597 Ashfield Valley Trust must retain new counsel if it intends to continue to litigate this matter. Therefore, 1597 Ashfield Valley Trust shall have until 11/29/16, to advise the Court if it will retain new counsel. IT IS FURTHER ORDERED that the Clerk of the Court shall add the last known address of Plaintiffs 1597 Ashfield Valley Trust, David Toth andSir wan Toth to the civil docket:1597 Ashfield Valley Trust,David Toth,Sirwan Toth, 8556 Grand Palms Circle Las Vegas, Nevada 89131, dnsrealtylv@gmail.com, (702) 994-9141. IT IS FURTHER ORDERED that the Clerk of the Court shall serve Plaintiffs 1597 Ashfield Valley Trust, David Toth and Sirwan Toth with a copy of this order at their last known address listed above. Signed by Magistrate Judge George Foley, Jr. on 11/8/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
119
ORDER Denying 93 Motion for Summary Judgment, 94 Motion for Summary Judgment 100 Motion to Dismiss, and 105 Motion for Leave to File. IT IS FURTHER ORDERED that Oscar Moreno and Federal National Mortgage Association System shall pro mptly file notices of constitutional questions, pursuant to Federal Rule of Civil Procedure 5.1(a)(1)(B). IT IS FURTHER ORDERED that this court certifies to the Nevada attorney general that it may rule on the constitutionality of the state statute at issue in this case, NRS 116.3116. The attorney general shall have thirty (30) days within which to intervene. IT IS FURTHER ORDERED that the clerk of court shall send a copy of this order by certified mail to the Nevada attorney general. Signed by Judge James C. Mahan on 8/2/2016. (Copies have been distributed pursuant to the NEF - DL)
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Filing
109
ORDER Granting 106 Stipulation to Extend Briefing On Countermotion for Summary Judgment 96 (First Request). Any responses to Moreno's Countermotion for summary judgment must be filed and served by 1/8/16. Any replies to responses to Morenos countermotion for summary judgment 96 must be filed and served by 1/25/15. Signed by Judge James C. Mahan on 1/6/16. (Copies have been distributed pursuant to the NEF - PS)
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Filing
92
ORDER Granting 90 Stipulation to Stay Discovery. Signed by Magistrate Judge George Foley, Jr on 11/6/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
84
ORDER that any further motions for summary judgment shall be filed within 30 days of the date of this Order, no later than November 16, 2015. Signed by Magistrate Judge George Foley, Jr on 10/16/15. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
80
ORDER that 79 Motion to Substitute Attorney is GRANTED. Attorney Maximiliano D. Couvillier, III is substituted in place and stead of Jeffrey J Whitehead for Oscar Moreno. FURTHER ORDERED that for good cause shown, the undersigned must recuse himself from this case. The Clerk of Court therefore shall randomly reassign this case to a new magistrate judge. Signed by Magistrate Judge Carl W. Hoffman on 10/6/15. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
78
ORDER. IT IS ORDERED that the parties must meet and confer and file a Joint Status Report regarding whether additional discovery is needed in this case on or before 10/14/15. Signed by Magistrate Judge Carl W. Hoffman on 9/23/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
75
ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs claims against defendant Venta Financial Group, Inc., be, and the same hereby are, DISMISSED without prejudice. Signed by Judge James C. Mahan on 8/10/15. (Copies have been distributed pursuant to the NEF - TR)
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Filing
74
ORDER GRANTING in part and DENYING in part 40 Counterdefendant Hiddencrest/Parkhurst Community Association's Motion to Dismiss; Fannie Mae's claim for declaratory relief remains. IT IS FURTHER ORDERED that Counterclaimants Federal Nati onal Mortgage Association, Federal Housing Finance Administration, and Oscar Moreno's 46 Motion for Summary Judgment is GRANTED with respect to FHFA's declaratory judgment claim. The Court dismisses FHFA's claim for quiet title. I T IS FURTHER ORDERED that Counterdefendant Absolute Collection Services' 73 Countermotion for Summary Judgment is DENIED. The Court dismisses Fannie Mae's claim for quiet title. Signed by Judge James C. Mahan on 7/28/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
65
ORDER granting 63 Stipulation to extend the reply deadline to 46 MOTION for Summary Judgment to May 20, 2015. Signed by Judge James C. Mahan on 5/18/2015. (Copies have been distributed pursuant to the NEF - DKJ)
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Filing
60
ORDER granting 58 Stipulation and extending the time for counterdefendant to respond to counterclaim until May 1, 2015. Signed by Magistrate Judge Carl W. Hoffman on 4/28/2015. (Copies have been distributed pursuant to the NEF - DKJ)
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Filing
54
ORDER granting 49 Motion to Stay Discovery pending resolution of 46 motion for summary judgment. If necessary, the parties shall file a joint discovery plan within seven days of the issuance of the order resolving the motion for summary judgment. Signed by Magistrate Judge Carl W. Hoffman on 4/16/2015. (Copies have been distributed pursuant to the NEF - DKJ)
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