Roundy et al v. Bank Of America, N.A. et al

Filing 19

ORDER Granting 18 Motion for Leave to File Sur-Reply re 13 MOTION to Dismiss. Signed by Judge James C. Mahan on 10/19/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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DOUGLAS C. ROUNDY and LISA A.
ROUNDY,

2:12-CV-1253 JCM (GWF)

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Plaintiff(s),

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v.

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BANK OF AMERICA, N.A., et al.,

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Defendant(s).

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ORDER
Presently before the court is plaintiffs’ motion for leave to file sur-reply in support of their
opposition to the motion to dismiss. (Doc. # 18).

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Plaintiffs wish to file a sur-reply to address a case first referenced in defendants’ reply brief.

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The case is Edelstein v. Bank of New York Mellon, 128 Nev. Adv. Opn. 48 (Nev. 2012), which was

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issued by the Nevada Supreme Court on September 27, 2012. The Nevada Supreme Court issued

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the opinion in the Edelstein case after plaintiffs filed their response, so plaintiffs have not yet had

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an opportunity to address the Edelstein case. Plaintiffs represent this case both “hurts” and

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“strengthens” their case. (Doc. # 18). Therefore, the court will permit plaintiffs an opportunity to

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file a sur-reply by Tuesday, October 31, 2012. The sur-reply may only address issues raised by the

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Edelstein opinion.

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Defendants have not filed a response in opposition to the instant motion, though they likely

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have not yet had the opportunity. Defendants may respond to the sur-reply within five business days

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James C. Mahan
U.S. District Judge

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of the filing of the sur-reply, and defendants’ response must be limited to the number of pages in the

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sur-reply.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiffs’ motion for leave

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to file sur-reply in support of their opposition to dismiss (doc. # 18) be, and the same hereby, is

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GRANTED.

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DATED October 19, 2012.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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