Van Damme v. JPMorgan Chase Bank, Inc. N.A. et al

Filing 13

ORDER Granting 12 Stipulation to Extend Time re 6 MOTION to Dismiss. Responses due by 12/8/2015. Replies due by 12/18/2015. Signed by Judge Andrew P. Gordon on 11/10/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:15-cv-01951-APG-PAL Document 12 Filed 11/06/15 Page 1 of 6

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CARRIE E. HURTIK, ESQ.
Nevada Bar No. 7028
RACHEL L. SHELSTAD, ESQ.
Nevada Bar No. 13399
HURTIK LAW & ASSOCIATES
7866 West Sahara Avenue
Las Vegas, Nevada 89117
[phone] Telephone
[phone] Facsimile
[e-mail]
Attorney for Plaintiff,
ARMIN VAN DAMME

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF NEVADA

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ARMIN VAN DAMME, an individual

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CASE NO. 2:15-cv-01951-APG-PAL

Plaintiff,

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vs.

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JPMORGAN CHASE BANK, INC. N.A., BNC
NATIONAL BANK, LASSALE BANK
CORPORATION, MERSCORP, INC.,
WELLS FARGO HOME MORTGAGE, INC.,
WELLS FARGO, NA, AMERICAN
SERVICING COMPANY, BANK OF
AMERICA, INC., NA et, al.,

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Defendant(s).

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JOINT STIPULATION AND ORDER TO EXTEND TIME FOR PLAINTIFF TO RESPONSE
TO DEFENDANTS, BANA HOLDING CORP’S, BANK OF AMERICA, N.A.’S
AND MERSCORP, INC.’S MOTION TO DISMISS COMPLAINT
AND ANY JOINDERS THERETO

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Comes Now, Plaintiff, Armin Van Damme by and through his counsel of record, Carrie E.
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Hurtik, Esq., of the law firm Hurtik Law & Associates; Defendants, BANA Holding Corp. f/k/a LaSalle

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Bank Corporation, Bank of America, N.A., and Merscorp, Inc., by and through their counsel of record

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Donna M. Wittig, Esq. of the law firm Akerman, LLP; and Defendants, American Servicing Company,

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U.S. Bank National Association, Wells Fargo Bank, N.A., and Wells Fargo Home Mortgage, by and

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Stipulation - 1

Case 2:15-cv-01951-APG-PAL Document 12 Filed 11/06/15 Page 2 of 6

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through their counsel of record, Blakeley E. Griffith, Esq., of the law firm Snell & Wilmer, and hereby

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stipulate and agree as follows:

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1.

Defendants, BANA Holding Corp. f/k/a LaSalle Bank Corporation, Bank of America,

N.A., and Merscorp, Inc. filed Petition for Removal from the Eighth Judicial District Court, Case A-15-

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723814-C on October 8, 2015.
2.

Defendants, BANA Holding Corp. f/k/a LaSalle Bank Corporation, Bank of America,

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N.A., and Merscorp, Inc. filed a Motion to Dismiss Plaintiff, Armin Van Damme’s Complaint on

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October 15, 2015.

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3.

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Pursuant to Clerk of the Court, Plaintiff, Armin Van Damme’s Response in Opposition is

due November 2, 2015.

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4.

Defendants, American Servicing Company, U.S. Bank National Association, Wells Fargo

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Bank, N.A., and Wells Fargo Home Mortgage, Inc., filed a Joinder to Defendants, BANA Holding Corp.

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f/k/a LaSalle Bank Corporation’s, Bank of America, N.A.’s, and Merscorp, Inc.’s Motion to Dismiss

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Plaintiff, Armin Van Damme’s Complaint on October 23, 2015.

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5.

Plaintiff, Armin Van Damme is currently scheduled to attend a State of Nevada,

Foreclosure Mediation on December 7, 2015, at 1:00 p.m., NDSC File #: 08-45650-ASR-NV Loan #:
1100090381.

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6.

Plaintiff, Armin Van Damme retained alternate counsel on October, 27, 2015, and a

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Motion to Substitute Counsel was filed with the Honorable Court on October 29, 2015. The Honorable
Court granted the Plaintiff, Armin Van Damme’s Motion to Substitute Counsel on November 3, 2015.
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Plaintiff, Armin Van Damme desires additional time to file his Opposition to the Motion

to Dismiss until after he attends the State of Nevada, Foreclosure Mediation on December 7, 2015, at
1:00 p.m. Plaintiff, Armin Van Damme and Defendants, BANA Holding Corp. f/k/a LaSalle Bank
Corporation, Bank of America, N.A., and Merscorp, Inc. hereby agree that the Plaintiff, Armin Van

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Stipulation - 2

Case 2:15-cv-01951-APG-PAL Document 12 Filed 11/06/15 Page 3 of 6

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Damme’s Response in Opposition should be due on Tuesday, December 8, 2015, which represents an

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extension of Thirty-Six (36) day for Plaintiff, Armin Van Damme to file a Response to Defendants,

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BANA Holding Corp. f/k/a LaSalle Bank Corporation’s, Bank of America, N.A.’s, and Merscorp, Inc.’s
Motion to Dismiss, and any Joinders thereto.

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8.

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Defendants, American Servicing Company, U.S. Bank National Association, Wells Fargo

Bank, N.A., and Wells Fargo Home Mortgage, Inc., BANA Holding Corp. f/k/a LaSalle Bank

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Corporation, Bank of America, N.A. and Merscorp, Inc. desire time to file a Reply to Plaintiff’s

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Opposition to the Motion to Dismiss.

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9.

The scheduled Foreclosure Mediation could potentially resolve the issues presented in

this instant case, and the Parties hereto do not want to engage in discovery and spend their resources if

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this matter settles; thus, the parties request they be allowed to continue the deadline to conduct their
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Rule 26(f) conference until fourteen (14) days after the briefing on the Motion to Dismiss is completed
and fourteen (14) days thereafter to submit their proposed joint discovery plan.
10.

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The Parties hereto Stipulate that Plaintiff, Armin Van Damme shall have until Tuesday,

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December 8, 2015 to file his Response in Opposition to Defendants, BANA Holding Corp. f/k/a LaSalle

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Bank Corporation’s, Bank of America, N.A.’s, and Merscorp, Inc.’s Motion to Dismiss, and any

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Joinders thereto that were filed by Defendants, American Servicing Company, U.S. Bank National

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Association, Wells Fargo Bank, N.A., and Wells Fargo Home Mortgage, Inc.
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11.

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The Parties hereto Stipulate that Defendants, BANA Holding Corp. f/k/a LaSalle Bank

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Corporation, Bank of America, N.A., and Merscorp, Inc. and Defendants, American Servicing

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///

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///

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///
///

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Stipulation - 3

Case 2:15-cv-01951-APG-PAL Document 12 Filed 11/06/15 Page 4 of 6

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Company, U.S. Bank National Association, Wells Fargo Bank, N.A., and Wells Fargo Home Mortgage,

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Inc. shall have until Friday, December 18, 2015 to file a reply.

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IT IS SO STIPULATED.

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Dated: November 6, 2015.
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/s/ Carrie E. Hurtik
___________________________
CARRIE E. HURTIK, ESQ.
Nevada Bar No. 7028
7866 West Sahara Avenue
Las Vegas, Nevada 89117
[phone] Telephone
[phone] Facsimile
[e-mail]
Attorney for Plaintiff,
ARMIN VAN DAMME

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Dated: November 6, 2015.

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AKERMAN LLP
/s/ Donna M. Wittig
___________________________
DONNA M. WITTIG, ESQ.
Nevada Bar No. 11015
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
[phone] Telephone
[phone] Facsimile
[e-mail]
Attorney for Defendants,
BANA Holding Corp. f/k/a LaSalle Bank
Corporation, Bank of America, N.A., and Merscorp,
Inc.

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HURTIK LAW & ASSOCIATES

Dated: November 6, 2015.

SNELL & WILMER
/s/ Blakeley E. Griffith
___________________________
BLAKELEY E. GRIFFITH, ESQ.
Nevada Bar No. 12386
3883 Howard Hughes Pkwy #1000
Las Vegas, Nevada 89169-5958
[phone] Telephone
[phone] Facsimile
[e-mail]
Attorney for Defendants,
American Servicing Company, U.S. Bank National
Association, Wells Fargo Bank, N.A., and
Wells Fargo Home Mortgage, Inc.
Stipulation - 4

Case 2:15-cv-01951-APG-PAL Document 12 Filed 11/06/15 Page 5 of 6

ORDER

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Based upon the Stipulated by the Parties hereto, and good cause appearing, it is hereby Ordered
that Plaintiff, Armin Van Damme shall have until Tuesday, December 8, 2015 to file his Response in
Opposition to Defendants, BANA Holding Corp.’s f/k/a LaSalle Bank Corporation’s, Bank of America,

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N.A.’s, and Merscorp, Inc.’s Motion to Dismiss, and any Joinders thereto that were filed by
Defendants, American Servicing Company, U.S. Bank National Association, and Wells Fargo Bank,
N.A., and Wells Fargo Home Mortgage, Inc.

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It is further Ordered that Defendants, BANA Holding Corp. f/k/a LaSalle Bank Corporation,

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Bank of America, N.A., and Merscorp, Inc., and Defendants, American Servicing Company, U.S. Bank

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National Association, Wells Fargo Bank, N.A., and Wells Fargo Home Mortgage, Inc. shall have until

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Tuesday, December 18, 2015 to file a Reply.
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It is further Ordered that the parties hereto shall have until Tuesday, December 22, 2015, to

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conduct their Rule 26(f) conference and fourteen (14) days thereafter to submit their proposed joint

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discovery plan.

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IT IS SO ORDERED

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10th
Dated this ______ day of November, 2015.

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_________________________________________
________________________
DISTRICT
UNITED STATES DISTRIC COURT JUDGE

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Stipulation - 5