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

Filing 135

ORDER granting 134 Stipulation; Re: 115 Motion to Dismiss, 112 Motion to Dismiss, 116 Motion for Summary Judgment, 105 Motion for Summary Judgment, 113 Motion for Summary Judgment, 107 Motion to Dismiss, Replies due by 12/26/2017. Signed by Chief Judge Gloria M. Navarro on 12/21/2017. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-00127-GMN-NJK Document 134 Filed 12/18/17 Page 1 of 4

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MICHAEL R. BROOKS, ESQ.
Nevada Bar No. 7287
SCOTT D. FLEMING, ESQ.
Nevada Bar No. 5638
KOLESAR & LEATHAM
400 South Rampart Boulevard, Suite 400
Las Vegas, Nevada 89145
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
Attorneys for Plaintiff 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,

STIPULATION AND ORDER TO
EXTEND TIME TO REPLY TO
OPPOSITIONS TO MOTIONS TO
DISMISS AND TO CLARIFY DATE
TO REPLY TO OPPOSITIONS TO
MOTIONS FOR SUMMARY
JUDGMENT
(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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2781653 (10190-2)

Page 1 of 4

Case 2:16-cv-00127-GMN-NJK Document 134 Filed 12/18/17 Page 2 of 4

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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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This Stipulation and Order to Extend Time to Reply to Oppositions to Motions to Dismiss

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and to Clarify Date to Reply to Oppositions to Motions for Summary Judgment (the

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“Stipulation”)

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FINANCIAL LLC (“Ditech”) and Cross-Defendant THE BANK OF NEW YORK MELLON

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CORPORATION as Trustee for the Certificateholders of the CWABS, Inc. Asset-backed

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Certificates

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Defendant/Counter-Claimant/Cross-Claimant SFR INVESTMENTS POOL 1, LLC (“SFR”);

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(iii) Defendant BOULDER RANCH MASTER ASSOCIATION (“Boulder Ranch”); and (iv)

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

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their respective counsel, and is based on the following:

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1.

is

Series

made

by

2005-17

(i)

Plaintiff/Counter-Defendant/Cross-Defendant,

(“BONY

Mellon”

and

with

Ditech,

DITECH

“Lenders”):

(ii)

On November 13, 2017, the parties filed motions to dismiss that have been

identified as [ECF No. 107, 112 and 115].
2.

On the same day, the parties filed motions for summary judgment that have been

identified as [ECF No. 105, 113 and 116].
3.

Pursuant to an Order entered on the docket as [ECF No. 127], this Court extended

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the time for parties to respond to motions to dismiss so that the filings would coincide with the

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deadline for filing responses to summary judgment motions.

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2781653 (10190-2)

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Case 2:16-cv-00127-GMN-NJK Document 134 Filed 12/18/17 Page 3 of 4

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4.

On December 11, 2017, the parties timely filed responses to the motions to

dismiss and for summary judgment as [ECF No. 129, 130, 131, 132 and 133].

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5.

The Court’s electronic docketing system has noted that the deadline to file replies

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to oppositions to motions to dismiss has been set for December 18, 2017. See [ECF No. 129 and

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133].

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6.

The Court’s electronic docketing system has noted that the deadline to file replies

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to oppositions to motions for summary judgment has been set for December 25, 2017. See [ECF

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No. 130, 131 and 132]. The parties are informed and believe that December 25, 2017 is a Court

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holiday and that the pursuant to local rules, the deadline to reply to these matters should be noted

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

KOLESAR & LEATHAM

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as Tuesday, December 26, 2017.
7.

The motions to dismiss and the motions for summary judgment raise many of the

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same issues, and the parties believe that it is likely that the Court will take up all of these matters

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at the same time.

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8.

The parties stipulate and agree, and jointly request entry of an order, extending

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the time to file replies to oppositions to motions to dismiss so that those filings coincide with the

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deadline for filing replies to oppositions to motions for summary judgment.

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9.

The parties further stipulate and agree, and jointly request entry of an order,

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confirming that the deadline for filing replies to oppositions to motions seeking summary

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judgment is Tuesday, December 26, 2017.

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KOLESAR & LEATHAM

KIM GILBERT EBRON

/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/ Diania S. Ebrong, Esq.
DIANA S. EBRON, ESQ.
Nevada Bar No. 10580
JACQUELINE A. GILBERT, ESQ.
Nevada Bar No. 10593
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139

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/Counterclaimant
/Cross-Claimant SFR Investments Pool 1, LLC

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2781653 (10190-2)

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Case 2:16-cv-00127-GMN-NJK Document 134 Filed 12/18/17 Page 4 of 4

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

GORDON REES SCULLY
MANSUKHANI, LLP

/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

/s/ Rachel L. Wise, Esq.
ROBERT S. LARSEN, ESQ.
Nevada Bar No. 7785
RACHEL L. WISE, ESQ.
Nevada Bar No. 12303
300 South Fourth Street, Suite 1550
Las Vegas, Nevada 89101

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Attorneys for Boulder Ranch Master
Association

Attorneys for Defendant
Twilight Homeowners Association

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

KOLESAR & LEATHAM

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ORDER

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Having considered the foregoing Stipulation, and for good cause:

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IT IS ORDERED that the deadline for filing replies to the oppositions appearing on the

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Court’s docket and as [ECF NO. 129, 130, 131, 132 and 133] shall be Tuesday, December 26,

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2017.

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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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2781653 (10190-2)

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