Ditech Financial LLC v. SFR Investments Pool 1, LLC et al

Filing 125

ORDER denying as moot 119 Stipulation; ORDER granting 123 Stipulation; Re: 112 Motion to Dismiss, Responses due by 12/11/2017. Signed by Chief Judge Gloria M. Navarro on 12/6/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-00127-GMN-NJK Document 123 Filed 12/04/17 Page 1 of 3

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MICHAEL R. BROOKS, ESQ.
Nevada Bar No. 007287
SCOTT D. FLEMING, ESQ.
Nevada Bar No. 005638
KOLESAR & LEATHAM
400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
Attorneys for DITECH FINANCIAL LLC and
THE BANK OF NEW YORK MELLON
CORPORATION, as Trustee for the
Certificateholders of the CWABS, Inc. AssetBacked Certificates Series 2005-17

400 S. Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
TEL: [phone] / FAX: [phone]

KOLESAR & LEATHAM

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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CASE NO. 2:16-cv-00127-GMN-NJK

DITECH FINANCIAL LLC,
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Plaintiff,
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vs.
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SFR INVESTMENTS POOL I, LLC;
BOULDER RANCH MASTER
ASSOCIATION; TWILIGHT
HOMEOWNERS ASSOCIATION;
HOMEOWNERS ASSOCIATION SERVICES,
INC.; HARMESH SINGH; KULJIT KAUR;
DOES 1-20, Inclusive,

AMENDED STIPULATION AND
ORDER TO EXTEND TIME TO
RESPOND TO DEFENDANT
TWILIGHT HOMEOWNERS
ASSOCIATION’S RENEWED
MOTION TO DISMISS
(First Request)

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Defendants.
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SFR INVESTMENTS POOL 1, LLC,
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Counterclaimant,
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vs.
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DITECH FINANCIAL, LLC,
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Counter-Defendant.
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Page 1 of 3

Amended Stipulation to Extend Time to Oppose Twilight MTD (10190-2)

Case 2:16-cv-00127-GMN-NJK Document 123 Filed 12/04/17 Page 2 of 3

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SFR INVESTMENT POOL 1, LLC,

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Cross-Claimant,

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vs.

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DITECH FINANCIAL LLC; BANK OF NEW
YORK MELLON, FKA THE BANK OF NEW
YORK as Trustee for the
CERTIFICATEHOLDERS CWABS, INC.,
ALTERNATIVE LOAN TRUST 2005-j12
ASSET-BACKED CERTIFICATES SERIES
2005-17; HOUSEHOLD FINANCE REALTY
CORPORATION OF NEVADA; HARMESH
SINGH, an individual; and KULJIT JAUR, an
individual,

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Cross-Defendants.
400 S. Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
TEL: [phone] / FAX: [phone]

KOLESAR & LEATHAM

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Plaintiff/Counter-Defendant/Cross-Defendant, DITECH FINANCIAL LLC (“Ditech”),

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by and through its attorneys Michael R. Brooks, Esq. and Scott D. Fleming, Esq. of Kolesar &

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Leatham, and Defendant TWILIGHT HOMEOWNERS ASSOCIATION (“Twilight”), by and

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through its attorneys Joseph P. Garin, Esq., J. William Ebert, Esq. and Amber M. Williams, Esq.

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of Lipson, Neilson, Cole, Seltzer & Garin, P.C., hereby stipulate and agree as follows:

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1.

On November 13, 2017, Defendant Twilight Homeowners Association’s

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Renewed Motion to Dismiss [ECF No. 112] (“Twilight Motion”) was filed. Ditech’s response to

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Twilight’s Motion was originally due on November 27, 2017.

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2.

On November 27, 2017, Ditech and Twilight filed a Stipulation for Extension of

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Time to respond to the Twilight Motion as [ECF No. 119]. As of this date, no ruling has been

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offered by the Court regarding that stipulation.

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3.

Ditech originally requested from Twilight a one (1) week extension of time to

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respond to Twilight’s Renewed Motion to Dismiss, up to and including December 4, 2017.

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Ditech made that request because it has proposed a resolution of its claims involving Twilight

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and is awaiting a response.

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4.

Counsel for Twilight has informed counsel for Ditech that she has not received a

response to Ditech’s proposal because she is awaiting a vote from Twilight’s Board of Directors.

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Page 2 of 3

Amended Stipulation to Extend Time to Oppose Twilight MTD (10190-2)

Case 2:16-cv-00127-GMN-NJK Document 123 Filed 12/04/17 Page 3 of 3

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5.

To avoid possible unnecessary time and expense in responding to the Twilight

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Motion, Ditech and Twilight wish to amend their original stipulation to provide an extension of

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time up to and including December 11, 2017 for Ditech to respond to Twilight’s Motion.

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This is an amendment to their first stipulation, which was the first request for an

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extension of time and is made in good faith and not made for purposes of delay. The parties

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believe that the Court is likely to take up Twilight’s motion at the same time as motions for

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summary judgment, and all parties have agreed that oppositions to summary judgment motions

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should be filed on December 11, 2017. See Stipulation submitted as [ECF No. 122]. The

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extension proposed by this amended stipulation should not, therefore, have any effect on the

400 S. Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
TEL: [phone] / FAX: [phone]

KOLESAR & LEATHAM

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timing of the resolution of this matter.

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KOLESAR & LEATHAM

LIPSON, NEILSON, COLE, SELTZER &
GARIN, P.C.

/s/ Scott D. Fleming, Esq.
MICHAEL R. BROOKS, ESQ.
Nevada Bar No. 007287
SCOTT D. FLEMING, ESQ.
Nevada Bar No. 005638
400 S. Rampart Blvd., Suite 400
Las Vegas, NV 89145

/s/ Amber M. Williams, Esq.
JOSEPH P. GARIN, ESQ.
Nevada Bar No. 6653
J. WILLIAM EBERT, ESQ.
Nevada Bar No. 2697
AMBER M. WILLIAMS, ESQ.
Nevada Bar No. 12301
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144

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Attorneys for Plaintiff/Counter-Defendant and
Cross-Defendant DITECH FINANCIAL LLC
and THE BANK OF NEW YORK MELLON
CORPORATION, as Trustee for the
Certificateholders of the CWABS, Inc. AssetBacked Certificates Series 2005-17

Attorneys for Defendant
Twilight Homeowners Association

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ORDER

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IT IS SO ORDERED.
IT IS FURTHER ORDERED that the Stipulation to Extend, (ECF No. 119), is
DENIED as moot pursuant to the foregoing.

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Dated this ____ day of December, 2017.
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_______________________________________
Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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Amended Stipulation to Extend Time to Oppose Twilight MTD (10190-2)