United States of America v. South West Enterprise Holdings, LLC et al.
Plaintiff: United States of America and Basic Water Company SPE 1 LLC
Defendant: South West Enterprise Holdings, LLC and Assured Real Estate Inc.
Counter Defendant: The Landwell Company L.P, Basic Water Company LLC, Basic Remediation Company LLC and Basic Management Inc.
Case Number: 2:2021cv01663
Filed: September 9, 2021
Court: US District Court for the District of Nevada
Presiding Judge: Daniel J Albregts
Referring Judge: Richard F Boulware
Nature of Suit: Real Property: Other
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 15, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 5, 2021 Opinion or Order Filing 25 REPLY to Response to #19 Motion to Dismiss by Plaintiff United States of America, Counter Defendant United States of America. (Kent, Rachel)
November 4, 2021 Opinion or Order Filing 24 MOTION to Stay Discovery Pending #19 Motion to Dismiss, by Plaintiff United States of America, Counter Defendant United States of America. (Kent, Rachel) Modified on 11/4/2021to link document pursuant to LR IC 2-2(d) (SLD).
October 31, 2021 Opinion or Order Filing 23 ORDER granting #20 Stipulation Re: #9 Motion for Partial Summary Judgment, #4 Motion to Dismiss, #5 Motion for Partial Summary Judgment, Responses due by 11/16/2021. Signed by Judge Richard F. Boulware, II on 10/31/2021. (Copies have been distributed pursuant to the NEF - HAM)
October 29, 2021 Opinion or Order Filing 22 REQUEST for Judicial Notice re #21 Response, by Counter Defendants Basic Management Inc., Basic Remediation Company LLC, Basic Water Company LLC, Basic Water Company SPE 1 LLC, The Landwell Company L.P, Plaintiff Basic Water Company SPE 1 LLC. (Attachments: #1 Exhibit Second Amended Answer and Counterclaim, #2 Exhibit Grant of Right of Way, #3 Exhibit Motion to Dismiss for Failure to Join Indispensable Parties, #4 Exhibit Opposition to BWCs Motion to Dismiss for Failure to Join Indispensable Parties, #5 Exhibit Reply in Support of Motion to Dismiss for Failure to Join Indispensable Parties, #6 Exhibit April 7, 2021, Hearing Transcript, #7 Exhibit July 7, 2021, Hearing Transcript, #8 Exhibit Order Regarding Counter-defendants Motion to Dismiss for Failure to Join Indispensable Parties, #9 Exhibit Third Amended Answer and Counterclaim, #10 Exhibit Bill of Collection, dated December 3, 2020) (DiRaimondo, Anthony)
October 29, 2021 Opinion or Order Filing 21 RESPONSE to #19 Motion to Dismiss by Counter Defendants Basic Management Inc., Basic Remediation Company LLC, Basic Water Company LLC, Basic Water Company SPE 1 LLC, The Landwell Company L.P, Plaintiff Basic Water Company SPE 1 LLC. Replies due by 11/5/2021. (DiRaimondo, Anthony)
October 26, 2021 Opinion or Order Filing 20 STIPULATION FOR EXTENSION OF TIME (Third Request) to Respond to Basic Water Parties Pending Motions #9 Motion for Partial Summary Judgment, #4 Motion to Dismiss, #5 Motion for Partial Summary Judgment re #17 Order, by Defendants Assured Real Estate Inc., South West Enterprise Holdings, LLC, Counter Claimant South West Enterprise Holdings, LLC. (Alarie, Michelle) Modified on 10/27/2021 (SLD).
October 15, 2021 Opinion or Order Filing 19 First MOTION to Dismiss by Plaintiff United States of America, Counter Defendant United States of America. Responses due by 10/29/2021. (Kent, Rachel)
October 12, 2021 Opinion or Order Filing 18 ORDER granting #16 Stipulation to permit late filing of motion to dismiss. Signed by Judge Richard F. Boulware, II on 10/12/2021. (Copies have been distributed pursuant to the NEF - HAM)
October 12, 2021 Opinion or Order Filing 17 ORDER granting #14 Stipulation re #4 Motion to Dismiss, #5 Motion for Partial Summary and #9 Motion for Partial Summary Judgment. Responses due by 11/2/2021. Signed by Judge Richard F. Boulware, II on 10/12/2021. (Copies have been distributed pursuant to the NEF - HAM)
October 12, 2021 Opinion or Order Filing 16 STIPULATION FOR EXTENSION OF TIME (First Request) to File Motion to Dismiss, by Plaintiff United States of America, Counter Defendant United States of America. (Kent, Rachel)
October 12, 2021 Opinion or Order Filing 15 Joint STATUS REPORT filed by Plaintiff United States of America, Counter Defendant United States of America. (Kent, Rachel)
October 11, 2021 Opinion or Order Filing 14 STIPULATION FOR EXTENSION OF TIME (Second Request) to Extend Deadlines to Respond to Basic Water Parties Pending Motions re #9 Motion for Partial Summary Judgment,, #4 Motion to Dismiss,,,, #5 Motion for Partial Summary Judgment,, by Defendants Assured Real Estate Inc., South West Enterprise Holdings, LLC, Counter Claimant South West Enterprise Holdings, LLC. (Alarie, Michelle)
September 29, 2021 Opinion or Order Filing 13 ORDER granting #11 Stipulation for Extension of Time re Deadlines to Respond to Basic Water Parties Pending Motions re #9 Motion for Partial Summary Judgment, #4 Motion to Dismiss, #5 Motion for Partial Summary Judgment. Signed by Judge Richard F. Boulware, II on 9/29/2021. (Copies have been distributed pursuant to the NEF - HAM)
September 28, 2021 Opinion or Order Filing 12 CERTIFICATE of Interested Parties by Assured Real Estate Inc., South West Enterprise Holdings, LLC. There are no known interested parties other than those participating in the case (Alarie, Michelle)
September 28, 2021 Opinion or Order Filing 11 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to Basic Water Parties Pending Motions re #9 Motion for Partial Summary Judgment, #4 Motion to Dismiss, #5 Motion for Partial Summary Judgment, by Defendants Assured Real Estate Inc., South West Enterprise Holdings, LLC, Counter Claimant South West Enterprise Holdings, LLC. (Alarie, Michelle)
September 23, 2021 Opinion or Order Filing 10 NOTICE Statement regarding removed action by United States of America, United States of America re #3 Minute Order Removal Case,. (Attachments: #1 Exhibit) (Kent, Rachel)
September 21, 2021 Opinion or Order Filing 9 MOTION for Partial Summary Judgment on South West Enterprise Holdings, LLC's Counterclaim for Slander of Title (First Counterclaim for Relief) by Counter Defendants Basic Management Inc., Basic Remediation Company LLC, Basic Water Company LLC, Basic Water Company SPE 1 LLC, The Landwell Company L.P, Plaintiff Basic Water Company SPE 1 LLC. Responses due by 10/12/2021. (Attachments: #1 Exhibit Exhibit 1 Right of Way 1954 Decision, #2 Exhibit Exhibit 2 Invoices Bills for Collection from US, #3 Exhibit Exhibit 3 Parcel Map) (DiRaimondo, Anthony)
September 17, 2021 Opinion or Order Filing 8 SUPPLEMENT to #5 Motion for Partial Summary Judgment,, by Counter Defendants Basic Management Inc., Basic Remediation Company LLC, Basic Water Company LLC, Basic Water Company SPE 1 LLC, The Landwell Company L.P, Plaintiff Basic Water Company SPE 1 LLC (Attachments: #1 Exhibit Photographic Evidence, #2 Exhibit Correspondence, #3 Exhibit Email, #4 Exhibit NV SOS South West, #5 Exhibit NV SOS Assured) (DiRaimondo, Anthony)
September 16, 2021 Opinion or Order Filing 7 EXHIBIT LIST to Motion for Partial Summary Judgment (Liability) for Trespass and Nuisance [ECF 5] by Counter Defendants Basic Management Inc., Basic Remediation Company LLC, Basic Water Company LLC, Basic Water Company SPE 1 LLC, The Landwell Company L.P, Plaintiff Basic Water Company SPE 1 LLC. (DiRaimondo, Anthony)
September 16, 2021 Opinion or Order Filing 6 CERTIFICATE of Interested Parties by Basic Management Inc., Basic Remediation Company LLC, Basic Water Company LLC, Basic Water Company SPE 1 LLC, The Landwell Company L.P that identifies all parties that have an interest in the outcome of this case. Other Affiliate Lhoist North America of Arizona, Inc., Other Affiliate Treco, LLC, Other Affiliate Pioneer Partners 2000, LLC for Basic Management Inc., Basic Remediation Company LLC, Basic Water Company LLC, Basic Water Company SPE 1 LLC, Basic Water Company SPE 1 LLC, The Landwell Company L.P added. (DiRaimondo, Anthony)
September 16, 2021 Opinion or Order Filing 5 MOTION for Partial Summary Judgment (Liability) for Trespass and Nuisance by Counter Defendants Basic Management Inc., Basic Remediation Company LLC, Basic Water Company LLC, Basic Water Company SPE 1 LLC, The Landwell Company L.P, Plaintiff Basic Water Company SPE 1 LLC. Responses due by 10/7/2021. (Attachments: #1 Exhibit Exhibit 1 Photographic Evidence; Field and Topographic Data, #2 Exhibit Exhibit 2 Correspondence, #3 Exhibit Exhibit 3 Email, #4 Exhibit Exhibit 4 Nevada SOS South West, #5 Exhibit Exhibit 5 Nevada SOS Assured) (DiRaimondo, Anthony)
September 16, 2021 Opinion or Order Filing 4 MOTION to Dismiss Third Amended Counterclaims, by Counter Defendants Basic Management Inc., Basic Remediation Company LLC, Basic Water Company LLC, Basic Water Company SPE 1 LLC, The Landwell Company L.P, Plaintiff Basic Water Company SPE 1 LLC. Responses due by 9/30/2021. Discovery Plan/Scheduling Order due by 10/31/2021. (Attachments: #1 Exhibit Exhibit 1-A Third Amended Answer to Complaint and Counterclaim, #2 Exhibit Exhibit 1-B Second Amended Answer to Complaint and Counterclaim, #3 Exhibit Exhibit 1-C First Amended Answer to Complaint and Counterclaim, #4 Exhibit Exhibit 1-D Original Answer to Complaint, Counterclaim, and Third Party Complaint, #5 Exhibit Exhibit 2 Right of Way/1954 Decision) (DiRaimondo, Anthony) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
September 9, 2021 Opinion or Order Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 9/9/2021. Statement regarding removed action is due by 9/24/2021. Joint Status Report regarding removed action is due by 10/9/2021. (Copies have been distributed pursuant to the NEF - HAM)
September 9, 2021 Opinion or Order Filing 2 STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - HAM)
September 9, 2021 Opinion or Order Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-20-812688-C, by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Summons Complaint) (Kent, Rachel) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
September 9, 2021 Opinion or Order Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Daniel J. Albregts. (HAM)

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Plaintiff: United States of America
Represented By: Rachel Kent
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Plaintiff: Basic Water Company SPE 1 LLC
Represented By: Anthony J. DiRaimondo
Represented By: David A. Carroll
Represented By: Robert Edward Opdyke
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Defendant: South West Enterprise Holdings, LLC
Represented By: David A. Carroll
Represented By: Jeffrey F. Barr
Represented By: Michelle D Alarie
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Defendant: Assured Real Estate Inc.
Represented By: Michelle D Alarie
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Counter defendant: The Landwell Company L.P
Represented By: Anthony J. DiRaimondo
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Counter defendant: Basic Water Company LLC
Represented By: Anthony J. DiRaimondo
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Counter defendant: Basic Remediation Company LLC
Represented By: Anthony J. DiRaimondo
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Counter defendant: Basic Management Inc.
Represented By: Anthony J. DiRaimondo
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