Cipriani v. Green Tree Servicing, LLC et al

Filing 9

ORDER Granting 8 Unopposed Motion to Extend Time to Respond to 5 Motion to Dismiss. Responses due by 6/2/2014. Signed by Judge Andrew P. Gordon on 5/20/2014. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4
5
6
7
8

Venicia G. Considine, Esq.
Nevada Bar No. 11544
Debra A. Bookout, Esq.
Nevada Bar No. 11765C
LEGAL AID CENTER OF
SOUTHERN NEVADA, INC.
725 E. Charleston Blvd.
Las Vegas, Nevada 89104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11

ARLENE CIPRIANI,

12

Case No. 2:14-cv-00612 APG-CWH

Plaintiff,

13

vs.

14
15
16
17

GREEN TREE SERVICING, LLC;
FEDERAL NATIONAL MORTGAGE
ASSOCIATION; DOES 1 through 10,
inclusive; and ROE Corporations 1 through
10, inclusive,

ORDER

18
Defendants.

19
20

UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE RESPONSE TO MOTION TO DISMISS
(First Request)

21
22
23

Plaintiff, ARLENE CIPRIANI, by and through counsel, Venicia G. Considine, Esq. and

24

Debra A. Bookout, Esq. of the Legal Aid Center of Southern Nevada, Inc., hereby moves this

25

Honorable Court for an Order extending the time to June 2, 2014 for Plaintiff to file her

26

response to Defendants’ Motion to Dismiss filed April 29, 2014 (Court Record “CR” 5).

27

///

28

///
Page 1 of 5

1
2
3
4
5

This Motion is made and based on the papers and pleadings on file herein and the
following Points and Authorities.
DATED this 19th day of May, 2014.
LEGAL AID CENTER OF
SOUTHERN NEVADA, INC.

6
7
8
9
10
11
12
13

/s/ Debra A. Bookout, Esq.
Venicia G. Considine, Esq.
Nevada Bar No. 11544
Debra A. Bookout, Esq.
Nevada Bar No. 11765C
725 E. Charleston Blvd.
Las Vegas, Nevada 89104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff

14
15
16

MEMORANDUM OF POINTS AND AUTHORITIES

17
18

Plaintiff Arlene Cipriani commenced this action in the Eighth Judicial District Court,

19

Clark County, Nevada, Case No. A-14-698058-C, by filing a complaint on March 21, 2014.

20

(See CR 1, Exhibit A.) Defendants filed a Petition for Removal of Action pursuant to 28 U.S.C.

21

§§1332, 1441 and 1446 on April 21, 2014 (CR 1) and a Certificate of Interested Parties on

22

April 21, 2014 (CR 4). On April 21, 2014, this Court issued a Minute Order directing the

23

parties to file a Joint Status Report. (CR 3.) Defendants filed a Notice of Motion and Motion to

24

Dismiss the complaint on April 29, 2014. (CR 5.) The Joint Status Report is due May 24, 2014.

25

(CR 3.) Plaintiff’s Response to Defendants’ Motion to Dismiss is currently due May 19, 2014.

26

Defendants’ moved to dismiss Plaintiff’s complaint pursuant to FRCP 12(b)(6). (CR 5.)

27

Plaintiff is requesting this extension of two weeks because counsel for Plaintiff needs

28

additional time to prepare and draft the opposition to the Motion to Dismiss. The Defendants
Page 2 of 5

1

argue in the Motion to Dismiss, in part, that the complaint fails to allege facts with the

2

particularity required to avoid dismissal under Rule 12(b)(6). (See CR 5 at 7.) Defendants also

3

argue that Plaintiff has failed to establish an agency relationship between Fannie Mae and

4

Green Tree Servicing LLC and thus, Fannie Mae is an improper defendant. (CR 5 at 2-4.)

5

Counsel seeks this extension of time in order to conduct further research on these and

6

other issues raised in the Motion to Dismiss. Moreover, Plaintiff filed the original complaint in

7

state court in which the complaint would be subject to less stringent pleading requirements

8

than those required in federal court. Accordingly, counsel must further determine whether the

9

complaint should be amended.

10

Undersigned counsel contacted opposing counsel, Mr. Andrew Bao, on May 19, 2014

11

and advised that he has no objection to an extension of two weeks for Plaintiff to file the

12

response to the Motion to Dismiss.

13

This Unopposed Motion for Extension of Time is not filed for purposes of delay, but in

14

the interests of justice, as well as in the interest of Ms. Cipriani.

15

///

16

///

17

///

18

///

19

///

20

///

21

///

22

///

23

///

24

///

25

///

26

///

27

///

28

///
Page 3 of 5

1
2
3

Accordingly, Plaintiff moves this Court for an extension of time until June 2, 2014 to
file her response to the Motion to Dismiss.
DATED this 19th day of May, 2014.

4

LEGAL AID CENTER OF
SOUTHERN NEVADA, INC.

5
6

/s/ Debra A. Bookout, Esq.
Venicia G. Considine, Esq.
Nevada Bar No. 11544
Debra A. Bookout, Esq.
Nevada Bar No. 11765C
725 E. Charleston Blvd.
Las Vegas, Nevada 89104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff

7
8
9
10
11
12
13

ORDER

14
15
16
17
18

IT IS SO ORDERED: that the time within which Plaintiff shall file her response to
Defendants’ Motion to Dismiss shall be extended fourteen (14) days to June 2, 2014.
DATED:
Dated: May 20, 2014.

, 2014.

19
20

United States District Judge

21
22
23
24
25
26
27
28
Page 4 of 5