National Default Servicing Corporation v. Maestaz et al
Plaintiff: National Default Servicing Corporation
Defendant: The Bank of New York Mellon Formerly Known As The Bank of New York, Victor Maestaz, Belle Esprit Homeowners Association, Internal Revenue Service, Real Time Resolutions, Inc., The Bank of New York and The Bank of New York Mellon
Case Number: 2:2022cv01027
Filed: June 29, 2022
Court: US District Court for the District of Nevada
Presiding Judge: Miranda M Du
Referring Judge: Elayna J Youchah
Nature of Suit: Taxes
Cause of Action: 28 U.S.C. ยง 1441 Petition for Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2022 Filing 15 MOTION for Interpleader Deposit of Disputed Ownership Funds (28 U.S.C. Section 1335) by Plaintiff National Default Servicing Corporation. Responses due by 9/9/2022. (Attachments: #1 Exhibit 1-Substitution of Trustee, #2 Exhibit 2-Trustees Deed Upon Sale, #3 Exhibit 3-Memorandum of Costs and Disbursements, #4 Exhibit 4-Declaration of Krista J. Nielson, Esq.)(Nielson, Krista)
August 4, 2022 Filing 14 SUMMONS Returned Executed by National Default Servicing Corporation re #7 Summons Issued. Victor Maestaz served on 7/20/2022. (Nielson, Krista)
August 4, 2022 Filing 13 CERTIFICATE OF SERVICE for 12 Scheduling Conference,,,,,, by Plaintiff National Default Servicing Corporation.. (Nielson, Krista)
August 3, 2022 Filing 12 MINUTES OF PROCEEDINGS - Scheduling Conference held on 8/3/2022 before Magistrate Judge Elayna J. Youchah. Crtrm Administrator: E. Garcia; Pla Counsel: Krista Nielson; Def Counsel: John Dolembo and Stephen Hanson; Recording start and end times: 1:33p.m. - 1:43p.m.; Courtroom: 3A; All parties appeared via Zoom. The Court makes preliminary remarks and hears representations of counsel regarding a scheduling order.The Court continues this matter as discussed in open court to Friday, September 2, 2022 at 10:00 a.m. , before Elayna J. Youchah, Magistrate Judge.IT IS FURTHER ORDERED that a scheduling conference set for Friday, September 2, 2022 at 10:00 a.m., via the Zoom video conference platform. The parties shall contact Elvia Garcia, Courtroom Deputy for the undersigned Magistrate Judge, by 12:00 p.m. on August 30, 2022, at Elvia_Garcia@nvd.uscourts.gov, and provide the email addresses of their respective participants. The courtroom deputy shall email all participants with the Zoom link.IT IS FURTHER ORDERED that persons granted with remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary to the Court. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
August 1, 2022 Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 8/1/2022. By Judicial Assistant: E. Santiago. Before the Court is the Motion to Appear, Substitute and Withdraw Attorney of Record (ECF No. 10) filed by Defendant Internal Revenue Service. Defendant's counsel states that Assistant United States Attorney Brianna Smith will no longer be with the United States Attorney's Office and requests that Ms. Smith be removed from the Court's CM/ECF system in this matter. Id. at 1-2. Assistant United States Attorney Stephen R. Hanson II will continue to represent Defendant Internal Revenue Service.Accordingly, IT IS HEREBY ORDERED that, Plaintiff's Motion to Appear, Substitute and Withdraw Attorney of Record (ECF No. 10) is GRANTED. The Clerk of Court shall remove Brianna Smith's name from CM/ECF and the docket. Notice of appearance by Assistant U.S. Attorney Stephen Hansons is accepted. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
July 29, 2022 Filing 10 MOTION to Substitute Attorney Stephen R. Hanson in for Attorney Brianna Smith by Defendant Internal Revenue Service. Responses due by 8/12/2022. (Hanson, Stephen)
July 22, 2022 Filing 9 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 7/22/2022. By Judicial Assistant: E. Santiago.Before the Court is Plaintiff's Motion for Scheduling Conference (ECF No. 8). Accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Scheduling Conference (ECF No. 8) is GRANTED.IT IS FURTHER ORDERED that a scheduling conference is set for Wednesday, August 3, 2022 at 1:30 p.m. via the Zoom video conference platform. The parties shall contact Elvia Garcia, Courtroom Deputy for the undersigned Magistrate Judge, by 12:00 p.m. on July 29, 2022, at Elvia_Garcia@nvd.uscourts.gov, and provide the email addresses of their respective participants. The courtroom deputy shall email all participants with the Zoom link. IT IS FURTHER ORDERED that persons granted with remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary to the Court. (no image attached) (Copies have been distributed pursuant to the NEF - ES)
July 21, 2022 Filing 8 MOTION for Scheduling Conference Pursuant to LR 22-1 by Plaintiff National Default Servicing Corporation. Responses due by 8/4/2022. (Nielson, Krista) (misc) (presiding)
July 19, 2022 Filing 7 SUMMONS ISSUED as to Victor Maestaz. (TRW)
July 19, 2022 Filing 6 PROPOSED SUMMONS to be issued Victor Maestaz by Plaintiff National Default Servicing Corporation. (Nielson, Krista)
June 30, 2022 Filing 5 ANSWER to Complaint filed by Internal Revenue Service. Discovery Plan/Scheduling Order due by 8/14/2022.(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.
June 30, 2022 Filing 4 STATEMENT REGARDING REMOVAL by Defendant Internal Revenue Service. (Smith, Brianna)
June 30, 2022 Filing 3 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 6/30/2022. Statement regarding removed action is due by 7/15/2022. Joint Status Report regarding removed action is due by 7/30/2022. (Copies have been distributed pursuant to the NEF - DRS)
June 30, 2022 Filing 2 STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - DRS)
June 30, 2022 Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge Elayna J. Youchah. (DRS)
June 29, 2022 Attorney update in case based on documents filed: Attorney Krista Nielson for National Default Servicing Corporation. Attorney John S. Dolembo for Real Time Resolutions, Inc. and for The Bank of New York Mellon. (DRS)
June 29, 2022 Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-22-853785-C, by Internal Revenue Service. Proof of service due by 9/6/2022. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I) (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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Defendant: The Bank of New York Mellon Formerly Known As The Bank of New York
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Defendant: Victor Maestaz
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Defendant: Belle Esprit Homeowners Association
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Defendant: Internal Revenue Service
Represented By: Brianna Smith
Represented By: Stephen Hanson, II
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Defendant: Real Time Resolutions, Inc.
Represented By: John S. Dolembo
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Defendant: The Bank of New York
Represented By: John S. Dolembo
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Defendant: The Bank of New York Mellon
Represented By: John S. Dolembo
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Plaintiff: National Default Servicing Corporation
Represented By: Krista Nielson
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