Kal-Mor-USA, LLC v. Bank of America, NA et al

Filing 45

ORDER Granting 44 Stipulation re 29 Counterclaim. Kal-Mor-USA, LLC answer due 3/2/2016. Signed by Magistrate Judge Cam Ferenbach on 2/9/16. (Copies have been distributed pursuant to the NEF - TR)

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LUIS A. AYON, ESQ.
Nevada Bar No. 9752
MARGARET E. SCHMIDT, ESQ.
Nevada Bar No. 12489
MAIER GUTIERREZ AYON
400 South Seventh Street, Suite 400
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
[e-mail]

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Attorneys for Plaintiff Kal-Mor-USA, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KAL-MOR-USA, LLC, a Nevada limited
liability company

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Case No.: 2:13-cv-00680-LDG-VCF

Plaintiff,

STIPULATION AND ORDER FOR
EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING TO BANK OF
AMERICA, N.A.’S COUNTERCLAIMS

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vs.

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BANK OF AMERICA, N.A., a National
Association; RECONTRUST COMPANY, (Second Request)
N.A., a National Association; THE BANK OF
NEW YORK MELLON FKA THE BANK OF
NEW YORK, AS SUCCESSOR TRUSTEE TO
JPMORGAN CHASE BANK, N.A., AS
TRUSTEE
ON
BEHALF
OF
THE
CERTIFICATE HOLDERS OF THE CWHEQ
INC.,
CWHEQ
REVOLVING
HOME
EQUITY LOAN TRUST, SERIES 2005-F, a
Remic Trust; DOES I through X; and ROE
CORPORATIONS I through X, inclusive,

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Defendants.
And all Related Counterclaims and CrossClaims.

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IT IS HEREBY STIPULATED AND AGREED, by and between the parties, plaintiff Kal-

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Mor-USA, LLC (“Kal-Mor”) and defendant Bank of America, N.A. (“BANA”), through their

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undersigned counsels of record, that the deadline for Kal-Mor to file a responsive pleading to

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BANA’s counterclaims shall be continued for thirty (30) days, until March 2, 2016. BANA’s
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original answer, counterclaims, and cross-claims, filed on December 30, 2015 (Dkt. No. 29),

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inadvertently named and asserted counterclaims against First 100, LLC who is no longer a party to

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this litigation. Thus, this extension is requested to allow BANA additional time to file its amended

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answer, counterclaims and cross-claim, naming Kal-Mor as the proper party, and for Kal-Mor to

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respond thereto. This is the parties’ second request for an extension and is not intended to cause

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delay or prejudice to any party.

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DATED this 9th day of February, 2016.

DATED this 9th day of February, 2016.

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MAIER GUTIERREZ AYON

AKERMAN LLP

__/s/Margaret E. Schmidt_____________
LUIS AYON, ESQ.
Nevada Bar No. 9752
MARGARET E. SCHMIDT, ESQ.
Nevada Bar No. 12489
400 South Seventh Street, Suite 400
Las Vegas, Nevada 89101
Attorneys for Plaintiff Kal-Mor-USA, LLC

___/s/ Allison Schmidt_________________
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
ALLISON SCHMIDT, ESQ.
Nevada Bar No. 10743
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Attorneys for Bank of America, N.A., Recontrust
Company, N.A. and The Bank of New York
Mellon, fka The Bank of New York as Trustee for
the Certificate Holders of the CWHEQ, Inc.,
CWHEQ Revolving Home Equity Loan Trust,
Series 2005-F, a Remic Trust

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IT IS SO ORDERED.

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Cam Ferenbach
UNITED STATES MAGISTRATE JUDGE

9th
DATED this ____ day of February, 2016.

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