Capital One, National Association v. SFR Investments Pool 1, LLC et al
| Capital One, National Association |
| Anthem Country Club Community Association and SFR Investments Pool 1, LLC |
| 2:2017cv00604 |
| February 24, 2017 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Cam Ferenbach |
| Richard F. Boulware |
| Real Property: Other |
| 28 U.S.C. ยง 1331 Fed. Question |
| 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
430
ORDER. IT IS THEREFORE ORDERED that the Stipulated Motion to Disburse Registry Funds 427 is GRANTED. IT IS FURTHER ORDERED that, as this matter is now concluded, that the Clerk of Court shall disburse $500.00, the total amount held by this Co urt for security costs, in connection with these consolidated cases, including any interest earned. IT IS FURTHER ORDERED that the Clerk of Court shall disburse $76,000.00, the amount deposited to the Court registry for all future rental proce eds, in connection with these consolidated cases, including any interest earned. Signed by Judge Richard F. Boulware, II on 1/9/2023. Case terminated per 429 Minute Order. (Copies have been distributed pursuant to the NEF - Ad Hoc Finance Department - LOE)
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Filing
426
ORDER Granting 425 Motion to Extend Time to File Settlement Materials. Settlement documents are due by 7/29/2022. Signed by Judge Richard F. Boulware, II on 6/20/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing
419
ORDER Adopting 394 Report and Recommendation in full and Denying 361 Second MOTION to Amend/Correct. Signed by Judge Richard F. Boulware, II on 1/27/2022. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
414
ORDER granting 413 Motion to Stay Discovery. Discovery Plan/Scheduling Order due by 2/14/2022. Signed by Magistrate Judge Brenda Weksler on 1/20/2022. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
400
ORDER granting 398 Motion to Extend Time; Discovery due by 12/22/2021. Motions due by 1/21/2022. Signed by Magistrate Judge Brenda Weksler on 10/20/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
385
ORDER granting 384 Motion to Extend Time. Discovery deadlines are extended by 30 days. Signed by Magistrate Judge Brenda Weksler on 6/29/2021. (Copies have been distributed pursuant to the NEF - DRS) (Main Document 385 replaced on 6/29/2021) (SLD).
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Filing
383
ORDER granting 382 Motion to Extend Time; Discovery due by 8/9/2021. Motions due by 9/8/2021. Proposed Joint Pretrial Order due by 10/7/2021. Signed by Magistrate Judge Brenda Weksler on 5/24/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
372
ORDER Granting in Part and Denying in Part 367 Joint Proposed Amendments to Scheduling Order as modified in the Order. The Court further Denies 368 Discovery Plan and Scheduling Order. Rocktop and Wilmington to produce non-privileged document s responsive to the United States' current requests Re: 352 Motion to Compel: Deadline is 4/20/2021. Discovery due by 6/10/2021. Motions due by 7/12/2021. Signed by Magistrate Judge Brenda Weksler on 4/5/2021. (Copies have been distributed pursuant to the NEF - DRS) Modified Judge's signature date on 4/6/2021 (SLD).
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Filing
366
DEFAULT JUDGMENT in favor of United States of America against Leon Benzer. Signed by Clerk of Court Debra K. Kempi on 4/1/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
365
ORDER GRANTING that Defendant the United States of America's Motion for Motion for Default Judgment (ECF No. 250). IT IS FURTHER ORDERED that: a.)judgment is entered in favor of the United States and against Leon Benzer, for his unpaid feder al income tax liabilities for the 2001, 2002, 2003, 2004, 2005 and 2007 tax years, in the amount of $898,184.98, as calculated through January 31, 2020, plus interest and other statutory additions that may continue to accrue, net further payment s and credits, subject to proof; and b.) judgment is entered in favor of the United States and against Leon Benzer, for unpaid trust fund recovery penalties under 26 U.S.C. § 6672, for the periods ending September 30 and December 31, 2003, and June 30, 2004, in the amount of $353,529.02, as calculated through January 31, 2020, plus interest and other statutory additions that may continue to accrue, net further payments and credits, subject to proof. The Clerk of Court shall enter judgment accordingly. Signed by Judge Richard F. Boulware, II on 3/31/2021.(Copies have been distributed pursuant to the NEF - BEL)
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Filing
343
SCHEDULING ORDER granting 339 Discovery Plan and Scheduling Order; Discovery due by 3/26/2021. Motions due by 4/26/2021. Proposed Joint Pretrial Order due by 5/26/2021. Signed by Magistrate Judge Brenda Weksler on 1/11/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
312
ORDER granting 310 Motion to Extend Time to File Disposiitive Motions. The Dispositive motions shall be filed within 3 weeks of the Court's ruling on the 303 MOTION Regarding Untimely Documents. Signed by Magistrate Judge Brenda Weksler on 10/26/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
299
ORDER granting 296 Stipulation to Extend deadline to File Reply to 295 Response, to 292 Motion. Replies due by 9/24/2020. Signed by Magistrate Judge Brenda Weksler on 9/21/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
287
ORDER granting 286 Motion to Continue hearing. Hearing on: Re: 252 Motion for Protective Order, 232 Motion to Substitute Party is RESET for 8/20/2020 at 01:00 PM in LV Courtroom 3B before Magistrate Judge Brenda Weksler. Signed by Magistrate Judge Brenda Weksler on 8/3/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
277
ORDER granting 276 MOTION for Leave to Appear Telephone or Video for United States at hearing set by 272 Order on 7/21/2020. Signed by Magistrate Judge Brenda Weksler on 7/1/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
260
ORDER Granting 251 Motion to Amend Complaint. Amended Complaint deadline: 6/1/2020. Signed by Magistrate Judge Nancy J. Koppe on 5/28/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing
259
ORDER granting 257 STIPULATION FOR EXTENSION OF TIME (Fifth Request) to Continue Deposition and to Extend Dispositive Motion Deadline re 249 Order. The dispositive motion deadline is extended to 60 days after the Courts decision on pending 252 motion for protective order. Signed by Magistrate Judge Nancy J. Koppe on 5/22/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
249
ORDER granting 248 MOTION to Extend Time (Fourth Request) to Extend Dispositive Motion Deadline re 238 Order. Motions due by 6/29/2020. Signed by Magistrate Judge Nancy J. Koppe on 4/13/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
244
ORDER DENYING 174 Objection/Appeal Magistrate Judge 169 Order/Ruling and GRANTING 190 Motion for Preliminary Injunction as follows: Defendant SFR Investments Pool 1, LLC is ordered to deposit all future rental proceeds with the Clerk of the Court until this litigation has been resolved either through court order or settlement. Signed by Judge Richard F. Boulware, II on 3/3/2020. (Copies have been distributed pursuant to the NEF; ad hoc Finance - DRS)
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Filing
238
ORDER granting 237 STIPULATION FOR EXTENSION OF TIME (Third Request) to Extend Dispositive Motion Deadline re 231 Order by Capital One, National Association. Motions due by 4/30/2020. Signed by Magistrate Judge Nancy J. Koppe on 2/18/2020. (Copies have been distributed pursuant to the NEF - DRS)
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Filing
203
ORDER Granting 194 First Stipulation for Extension of Time Re: 190 Motion for Preliminary Injunction. Responses due by 10/2/2019. Replies due by 10/10/2019. Signed by Judge Richard F. Boulware, II on 9/30/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
197
JUDGMENT on Attorney Fees. Defendant SFR Investment Pool 1, LLC shall pay Plaintiff's attorneys fees in the amount of $5,659.50. Signed by Clerk of Court Debra K. Kempi on 9/24/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
137
ORDER Granting in part and Denying in part Anthem Country Club Community Association's 92 Renewed Motion to Dismiss. IT IS FURTHER ORDERED that SFR Investments Pool 1, LLC's 98 Motion to Dismiss,is DENIED. IT IS FURTHER ORDERED that t he stay remains in place and that the continued settlement conference remains scheduled for April 9, 2019. The stay will, without further court order, automatically expire 45 days after the settlement conference. The parties are directed to file a joint discovery plan scheduling proposal 45 days after the settlement conference unless the case has settled. Signed by Judge Richard F. Boulware, II on 3/31/2019.(Copies have been distributed pursuant to the NEF - BEL)
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Filing
128
DEFAULT JUDGMENT in favor of Capital One, National Association and against Leon Benzer with respect to Capital One's crossclaim in Case No. 2:17-cv-00916-RFB-VCF. Signed by Clerk of Court Debra K. Kempi on 1/15/2019. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
125
ORDER granting 124 Motion to Continue Settlement Conference; The settlement conference scheduled for January 7, 2019, is VACATED. Signed by Magistrate Judge Cam Ferenbach on 12/28/2018. (Copies have been distributed pursuant to the NEF - JM)
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Filing
121
ORDER Re: 120 Renewed Motion for Insurance Representative to Appear Telephonically at Settlement Conference. Responses due by 11/26/2018. Signed by Magistrate Judge Cam Ferenbach on 11/16/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
113
ORDER Re: 112 Motion to Allow Department of Justice Supervisory Official to Appear at Settlement Conference by Telephone. Responses due by 11/5/2018. No reply necessary. Signed by Magistrate Judge Cam Ferenbach on 10/24/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
111
ORDER Denying SFR's 96 Renewed Motion to Strike 79 Answer, Counterclaim and Crossclaim. SFR Investments Pool 1, LLC has until 12/5/2018, 21 days after the settlement conference is scheduled, to respond to Capital One's answer, counterclaim, and crossclaim. Signed by Magistrate Judge Cam Ferenbach on 10/17/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
102
ORDER re 95 Motion to Conduct a Status Conference Regarding Extent of Stay, Discovery Schedule, and Related Matters. ORDERED that a status hearing is scheduled for 2:00 PM, October 12, 2018, in Courtroom 3D. Signed by Magistrate Judge Cam Ferenbach on 9/28/2018. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
89
ORDER. IT IS ORDERED that 28 Defendant Anthem Country Club CommunityAssociation Motion to Dismiss are DENIED without prejudice. IT IS FURTHER ORDERED that 33 Cross/Counter Claimant SFR Investments Pool 1, LLC., and Defendant SFR Investments Pool 1, LLC., Motion to Dismiss is DENIED without prejudice. IT IS FURTHER ORDERED that all other pending motions are DENIED without prejudice. Signed by Judge Richard F. Boulware, II on 3/23/2018. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
88
ORDER Granting 87 Motion to Stay Case (First Request) in Light of Potential Settlement. Signed by Judge Richard F. Boulware, II on 3/21/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
78
ORDER Granting 74 Joint Motion to Extend Case Deadlines (First Request). Discovery due by 4/27/2018. Motions due by 5/28/2018. Proposed Joint Pretrial Order due by 6/27/2018. Signed by Magistrate Judge Cam Ferenbach on 1/25/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
76
ORDER Granting United States' 75 Withdrawal of 73 Motion to Stay Discovery. Signed by Magistrate Judge Cam Ferenbach on 1/25/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
65
ORDER that the 23 Motion for Leave to Amend the Complaint and 24 Motion to Extend Time and to File Response to Counterclaim are GRANTED (Motions filed in 2:17-cv-00916-KJD-VCF). The Amended Complaint and Response to the Counterclaim must be filed on or before 1/24/28. The hearing scheduled for 1/23/2018 at 11:00 AM is vacated. The 62 Motion for Leave to Appear Telephonically is DENIED as MOOT. Signed by Magistrate Judge Cam Ferenbach on 1/16/2018. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
60
ORDER that a hearing on the United States' Motion for Leave to Amend the Complaint (ECF No. 23 in case 2:17-cv-00916-KJD-VCF) and Motion to Extend Time and to File Response to Counterclaim (ECF No. 24 in case 2:17-cv-00916-KJD-VCF) is scheduled for 11:00 AM, January 23, 2018, in Courtroom 3D. Any opposition to the United States Motion for Leave to Amend the Complaint (ECF No. 23 in case 2:17-cv-00916-KJD-VCF) and Motion to Extend Time and to File Response to Counterclaim (ECF No. 24 in case 2:17-cv-00916-KJD-VCF) must be filed on or before January 12, 2018 and any replies due by January 17, 2018. Signed by Magistrate Judge Cam Ferenbach on 1/3/2018. (Copies have been distributed pursuant to the NEF - MMM) Modified on 1/3/2018 to correct typo - nef regenerated (MMM).
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Filing
31
ORDER Granting 26 Joint Motion to Extend Time (First Request) re 18 Counterclaim. Capital One, National Association's Response due 7/31/2017. Signed by Magistrate Judge Cam Ferenbach on 7/31/2017. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
15
ORDER Granting 14 Stipulation re 12 Motion for Demand for Security of Costs. Capital One shall deposit by check for $500.00 with the Clerk of the Court. Signed by Magistrate Judge Cam Ferenbach on 6/19/2017. (Copies have been distributed pursuant to the NEF - SLD)
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