Michaels v. Bank Of America Corporation et al

Filing 11

ORDER Granting 10 Ex Parte Motion to Extend Time for Plaintiff to File Opposition to 4 Defendant's Motion to Dismiss Complaint. Response due by 8/10/2011. Reply due by 8/22/2011. Signed by Judge Kent J. Dawson on 7/28/11. (Copies have been distributed pursuant to the NEF - EDS)

Case 2:11-cv-00976-KJD -RJJ Document 10

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Lawrence J. Semenza, Esq. Bar No. 789
Lawrence J. Semenza, III, Esq., Bar No. 7174
SEMENZA & SEMENZA, LLP
3025 East Post Road
Las Vegas, Nevada 89120
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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Filed 07/27/11 Page 1 of 3

Attorneys for Emmett Michaels

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UNITES STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 2:11-cv-00976-KJD -RJJ

EMMETT MICHAELS, an individual,

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Plaintiff,

SEMENZA & SEMENZA, LLP
3025 East Post Road
Las Vegas, Nevada 89120
Telephone: [phone]

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v.
BANK OF AMERICA CORPORATION,
BANK OF AMERICA, NATIONAL
ASSOCIATION (N.A.) , BAC HOME
LOANS SERVICING, LP, MTC
FINANCIAL, INC., dba TRUSTEE CORPS,;
DOES 1-10, unknown individuals; and ROE
CORPORATIONS 1-10, unknown business
entities,

EX-PARTE MOTION AND ORDER TO
EXTEND TIME FOR PLAINTIFF TO
FILE OPPOSITION TO DEFENDANT’S
MOTION TO DISMISS AND MOTION
TO STRIKE
(Second Request)

Defendants.

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Plaintiff, Emmett Michaels, by and through his counsel, Semenza & Semenza, LLP,

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respectfully moves this Court for an Order to extend the time for Plaintiff to File Opposition to

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Defendant’s Motion to Dismiss and Motion to Strike.
Defendant and Plaintiff, through their respective counsel stipulated to extend the date
within which Plaintiff s time to respond to Defendant’s Motion to dismiss for failure to state a
claim and Motion to Strike portions of complaint to and including July 27, 2011, and Plaintiff’s
Counsel moves this Court for an Order allowing Plaintiff to extend the date within Plaintiff may
file its response to File Opposition to Defendant’s Motion to Dismiss and Motion to Strike.

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Case 2:11-cv-00976-KJD -RJJ Document 10

Filed 07/27/11 Page 2 of 3

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Plaintiff has requested an extension of time to File Opposition to Defendant’s Motion to

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Dismiss and Motion to Strike from Defendant’s counsel, Michael E. Sullivan, Esq., and was

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informed that all decisions in this case were being made by Richard J. Reynolds.

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Counsel for Plaintiff prepared a proposed Stipulation to File Opposition to Defendant’s

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Motion to Dismiss and Motion to Strike (Exhibit A) and forwarded the proposed Stipulation to

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Defendant’s counsel by e-mail on Monday, July 25, 2011.
Counsel for Plaintiff called Defendant’s counsel Richard Reynolds on July 27, 2011 and

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left a message regarding the proposed Stipulation. Plaintiff’s Counsel did not receive a return

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call for Richard Reynolds and again caused a copy of the proposed Stipulation to Richard

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Reynolds and heard nothing. Counsel also e-mailed a copy to Michael Sullivan’s office and

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SEMENZA & SEMENZA, LLP
3025 East Post Road
Las Vegas, Nevada 89120
Telephone: [phone]

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heard no reply.

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Plaintiff requests up to and including August 10, 2011, to file a response to Defendant’s

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Motion to Dismiss for failure to state a claim and Motion to Strike portions of complaint and

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Defendant, MTC FINANCIAL INC., dba TRUSTEE CORPS (“TRUSTEE CORPS”) shall have

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up to and including August 22, 2011, to file a Reply to Plaintiff’s response.

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Case 2:11-cv-00976-KJD -RJJ Document 10

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Filed 07/27/11 Page 3 of 3

This is the second request for an extension, and is not intended to cause any delay or
prejudice to any party. Trial has not been set in this case yet.

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DATED this 27th day of July, 2011.
SEMENZA & SEMENZA, LLP

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/s/ Lawrence J. Semenza
LAWRENCE J. SEMENZA, ESQ.
Nevada Bar No. 789
LAWRENCE J. SEMENZA, III, ESQ.
Nevada Bar No. 7174
3025 East Post Road
Las Vegas, Nevada 89120-2791

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Attorneys for Plaintiff

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SEMENZA & SEMENZA, LLP
3025 East Post Road
Las Vegas, Nevada 89120
Telephone: [phone]

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IT IS SO ORDERED.

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UNITED STATES DISTRICT COURT JUDGE
Dated:

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7/28/11