Carrington Foreclosure Services, LLC v. Poletto et al
| Carrington Foreclosure Services, LLC |
| United States of America, U.S. Department of Housing and Urban Development, Scott J. Poletto, Secretary of the U.S. Department of Housing and Urban Development, Great Basin Federal Credit Union, Tuscany Master Association and Republic Silver State Disposal, Inc. doing business as Republic Services |
| 2:2022cv00606 |
| April 11, 2022 |
| US District Court for the District of Nevada |
| James C Mahan |
| Brenda Weksler |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Petition for Removal- Action for Interplea |
| None |
Docket Report
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This docket was last retrieved on April 7, 2023. A more recent docket listing may be available from PACER.
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Filing 26
MOTION for Leave to File Attached Exhibit D, Certified Copy of HUD's Subordinate Deed of Trust re #19 Motion for Summary Judgment, by Defendant United States of America. (Attachments: #1 Exhibit D-Subordinate Deed of Trust (Certified Copy)) (Smith, Brianna)
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Filing 25
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on June 3, 2022RE: #22 Motion to Vacate 18 Motion for Entry of Clerk's Default WHEREAS defendant Secretary of the U.S. Department of Housing and Urban Development (the "government") has informed the court that defendant Tuscany Master Association ("Tuscany") intends to appear in the case and file an answer and a motion for summary judgment;IT IS HEREBY ORDERED that the government's motion to vacate its motion for entry of clerk's default against defendant Tuscany (ECF No. #22 ) be, and the same hereby is, GRANTED. The clerk of the court shall vacate the government's motion for entry of clerk's default (ECF No. #18 ). (Copies have been distributed pursuant to the NEF - ADR)
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Filing 24
CERTIFICATE of Interested Parties by Tuscany Master Association. There are no known interested parties other than those participating in the case (Anderson, Sean)
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Filing 23
ANSWER re #1 Petition for Removal,, filed by Tuscany Master Association.(Anderson, Sean)
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Filing 22
Vacated per 25 Minute Order. (ADR) MOTION to Vacate #18 Motion for Entry of Clerks Default Against Defendant Tuscany Master Association by Defendant United States of America. (Smith, Brianna)
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Filing 21
NON-OPPOSITION to #19 Motion for Summary Judgment, by Defendant Great Basin Federal Credit Union.. (Dubowsky, Peter)
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Filing 20
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 5/23/2022. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #19 Motion for Summary Judgment. Opposition due 21 days from the date of this Minute Order, and reply due 14 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 19
MOTION for Summary Judgment and to Disburse Interpleader Funds to HUD by Defendant United States of America. Responses due by 6/10/2022. (Attachments: #1 Exhibit A-Affidavit of Sara Campbell, #2 Exhibit A-1 Subordinate Note, #3 Exhibit A-2 Subordinate Deed of Trust, #4 Exhibit B-Certificate of Indebtedness, #5 Exhibit C-Chain of Title Guarantee) (Smith, Brianna)
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Filing 18
MOTION for Entry of Clerk's Default Against Defendant Tuscany Master Association by Defendant United States of America. Responses due by 6/3/2022. (Attachments: #1 Exhibit A-Affidavit of Service) (Smith, Brianna)
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Filing 17
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (SLD)
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Filing 16
SCHEDULING ORDER Granting #15 Discovery Plan and Scheduling Order. Motions due by 5/26/2022. IT IS FURTHER ORDERED that the Joint Pretrial Order will be due 30 days after dispositive motions are decided if they are denied. Signed by Magistrate Judge Brenda Weksler on 5/13/2022.(Copies have been distributed pursuant to the NEF - JQC)
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Filing 15
Proposed Discovery Plan and Scheduling Order re 13 Motion Hearing,,,, by Defendant United States of America. (Smith, Brianna)
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Filing 14
CERTIFICATE of Cash Deposit as to Christina V. Miller, Esq.: $ 80,080.89, receipt number NVLAS081047 re #11 Order on Stipulation. Interpleader Deposit Received with Certificate of Cash Deposit (28 U.S.C. Section 1335) in the amount of $80,080.89, receipt number NVLAS081047. (YAW)
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Filing 13
MINUTES OF PROCEEDINGS - Motion Hearing held on 5/12/2022 before Magistrate Judge Brenda Weksler. Crtrm Administrator: Jeff Miller; Pla Counsel: Christina Miller, Esq.; Def Counsel: Brianna Smith, AUSA, Peter Dubowsky, Esq.; Court Reporter: Liberty/CRD; Time of Hearing: 2:00pm; Electronic Court Recorder Operator: Liberty/CRD; Recording start and end times: 2:04:55 - 2:14:21; Courtroom: 3B; All parties appear via videoconference for these proceedings. The Court summarizes the service of the parties in the state court case. The Court hears remarks from Counsel. The parties believe this case can be decided on Motions for Summary Judgement and that discovery is not necessary. The Court hears additional remarks. The Court directs Counsel to file a Joint Discovery Plan and Scheduling Order which sets a Motion for Summary Judgement deadline for 14 days measured from today's date and for a trial date to be scheduled 30 days after decision on the Motion(s) for Summary Judgement for any claims that survive. (no image attached) (Copies have been distributed pursuant to the NEF - JAM)
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Filing 12
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 5/11/2022. Due to a conflict in the Court's calendar, IT IS ORDERED that the motion hearing regarding ECF No. #9 set for 5/12/2022 at 1:00 p.m. in LV Courtroom 3B by Zoom video conference before Magistrate Judge Brenda Weksler is rescheduled in time only to 2:00 p.m. (no image attached) (Copies have been distributed pursuant to the NEF - RA)
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Filing 11
ORDER granting #5 Stipulation to: Authorize Payment of Plaintiff's Attorney's Fees and Costs from the Excess Proceeds; (2) Interplead Remaining Excess Proceeds to the Court; and (3) Dismiss Plaintiff from this Case with Prejudice. Signed by Judge James C. Mahan on 5/5/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 10
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 5/5/2022. IT IS ORDERED that ECF No. #9 is GRANTED in part and DENIED in part. It is granted to the extent that the parties request a hearing, and it is denied in all other regards. IT IS FURTHER ORDERED that a motion hearing regarding ECF No. #9 is set for 5/12/2022 at 1:00 p.m. in LV Courtroom 3B by Zoom video conference before Magistrate Judge Brenda Weksler. To obtain a Zoom invitation, parties must contact courtroom administrator Jeff Miller at jeff_miller@nvd.uscourts.gov no later than noon on the day before the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - RA)
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Filing 9
Joint MOTION for Scheduling Conference pursuant to Local Rule 22-1 by Defendant United States of America. Responses due by 5/18/2022. (Smith, Brianna)
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Filing 8
NOTICE of Appearance by attorney Christina Miller on behalf of Plaintiff Carrington Foreclosure Services, LLC. (Miller, Christina)
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Filing 7
NOTICE of Corrected Image/Document re 6 Minute Order,, by Defendant United States of America. (Service of corrected image is attached.) (Smith, Brianna)
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Filing 6
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 4/28/2022. By Deputy Clerk: A. Reyes. Re: #5 Stipulation ERROR: Attorney Action Required to ECF No. #5 Stipulation. Documents are not in compliance with LR IA 6-2, which states in part: The signature block must not begin on a separate page. Counsel is advised to correct the discrepancy and file a Notice of Corrected Image/Document and link to #5 . (no image attached) (Copies have been distributed pursuant to the NEF - ADR)
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Filing 5
View Corrected Image #7 as to STIPULATION and Order to: Authorize Payment of Plaintiff's Attorney's Fees and Costs from the Excess Proceeds; (2) Interplead Remaining Excess Proceeds to the Court; and (3) Dismiss Plaintiff from this Case with Prejudice by Defendant United States of America. (Smith, Brianna) Modified on 4/29/2022 (EDS).
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Filing 4
ANSWER re #1 Petition for Removal, filed by Secretary of the U.S. Department of Housing and Urban Development. United States of America. Discovery Plan/Scheduling Order due by 5/27/2022. (Attachments: #1 Exhibit "A" Poletto Mortgage Note)(Smith, Brianna) 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. Modified on 4/13/2022 (SLD).
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Filing 3
STATEMENT REGARDING REMOVAL by Defendant United States of America. (Attachments: #1 Exhibit Exh "A" Minutes of the Court) (Smith, Brianna)
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Filing 2
MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan on 4/12/2022. Statement regarding removed action is due by 4/27/2022. Joint Status Report regarding removed action is due by 5/12/2022. (Copies have been distributed pursuant to the NEF - JQC)
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Case randomly assigned to Judge James C. Mahan and Magistrate Judge Brenda Weksler. (JQC)
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Filing 1
PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-22-849669-C, by United States of America. (Attachments: #1 Civil Cover Sheet, #2 Exhibit "A" All filings from the Eighth Judicial District Court) (Smith, Brianna) 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.
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