Branch Banking and Trust Company v. Regena Homes, LLC et al

Filing 68

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 Because the stay is no longer in effect, Defendants now move to reinstate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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