Branch Banking and Trust Company v. Regena Homes, LLC et al
Filing
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ORDER Granting 62 Defendants' Motion to Reinstate 47 Order Granting Leave to File Amended Answer. Defendants shall have until 12/12/13 to file proposed amended answer. Signed by Magistrate Judge George Foley, Jr on 12/2/13. (Copies have been distributed pursuant to the NEF - EDS)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BRANCH BANKING AND TRUST COMPANY, )
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Plaintiff,
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vs.
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REGENA HOMES, LLC, et al.,
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Defendants.
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__________________________________________)
Case No. 2:12-cv-00451-JAD-GWF
ORDER
Motion to Reinstate Order (#62)
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This matter comes before the Court on Defendants’ Motion (#62) to reinstate the Court’s Order
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(#47) granting Defendant’s Motion for Leave to File Amended Answer (#44), filed on November 5,
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2013. Defendants filed a Notice (#67) that Plaintiff has not filed an opposition to the instant Motion
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(#62) on November 26, 2013.
The District Judge stayed this case on January 15, 2013. See Order, Doc. #46. This Court
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entered an order granting leave for Defendants to file an amended answer, see Doc. #47, but
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subsequently vacated that order in light of the stay. See February 12, 2013 Minute Order, Doc. #48.
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On September 3, 2013, this Court denied Defendants’ Motion to Reinstate the Stay (#52). See Minutes
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of Proceedings, Doc. #58. Because the stay is no longer in effect, Defendants now move to reinstate
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the Order (#47) granting leave to amend.
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The Court finds that good cause still exists for the filing of an amended answer. Furthermore,
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under Local Rule 7-2(d), the failure of an opposing party to file points and authorities in response to any
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motion shall constitute a consent to the granting of the motion. The time to oppose the instant Motion
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has expired, and no opposition has been filed. Accordingly,
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...
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IT IS HEREBY ORDERED that Defendants’ Motion to Reinstate the Order Granting Leave to
File an Amended Answer (#62) is granted.
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IT IS FURTHER ORDERED that this Court’s Order (#47) is reinstated.
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IT IS FURTHER ORDERED that Defendants shall have until December 12, 2013 to file the
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proposed amended answer (#44, Exh. A).
DATED this 2nd day of December, 2013.
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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge
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