Bank of New York Mellon v. Southern Highlands Community Association et al

Filing 55

ORDER Granting 54 Stipulation to Extend Time re 47 MOTION for Summary Judgment . ( Responses due by 9/28/2017.) Signed by Judge James C. Mahan on 8/17/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00523-JCM-CWH Document 54 Filed 08/15/17 Page 1 of 3

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AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
DONNA M. WITTIG, ESQ.
Nevada Bar No. 11015
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for the Bank of New York Mellon f/k/a
The Bank of New York, as Trustee for the
Certificateholders CWALT, Inc., Alternative Loan
Trust 2006-OA21, Mortgage Pass-Through
Certificates, Series 2006-OA21
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS CWALT,
INC., ALTERNATIVE LOAN TRUST 2006OA21,
MORTGAGE
PASS-THROUGH
CERTIFICATES, SERIES 2006-OA21,
Plaintiffs,
vs.
SOUTHERN HIGHLANDS COMMUNITY
ASSOCIATION; GREY SPENCER DR TRUST;
ALESSI & KOENIG, LLC,
Defendants.

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GREY SPENCER DR TRUST,

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Counterclaimant,

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vs.
THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLDERS CWALT,
INC., ALTERNATIVE LOAN TRUST 2006OA21,
MORTGAGE
PASS-THROUGH
CERTIFICATES, SERIES 2006-OA21,

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Counterdefendant.

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42615397;1

Case No.: 2:16-cv-00523-JCM-CWH
STIPULATION AND ORDER TO EXTEND
PLAINTIFF'S DEADLINE TO RESPOND
TO GREY SPENCER DR TRUST'S
MOTION FOR SUMMARY JUDGMENT
[ECF NO. 47]
(SECOND REQUEST)

Case 2:16-cv-00523-JCM-CWH Document 54 Filed 08/15/17 Page 2 of 3

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Pursuant to LR 1A 6-1, plaintiff the Bank of New York Mellon f/k/a The Bank of New

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York, as Trustee for the Certificateholders CWALT, Inc., Alternative Loan Trust 2006-OA21,

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Mortgage Pass-Through Certificates, Series 2006-OA21 (BNYM) and defendant Grey Spencer Dr

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Trust (Grey Trust) through their respective counsel, stipulate and request the court extend

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BNYM's response deadline to Grey Trust's motion for summary judgment (ECF No. 47) by 41

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days.

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On May 31, 2017, the parties filed their stipulation and order to extend discovery deadlines

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(second request) as additional discovery is needed in this matter at outlined in the stipulation.

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(ECF No. 45). The court granted the stipulation extending the discovery cut-off deadlines to

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July 31, 2017.

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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Grey Trust filed its motion for summary judgment on June 28, 2017. (ECF No. 47).

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BNYM and Grey Trust filed a stipulation and order extending BNYM's deadline to respond to

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Grey Trust's motion for summary judgment until and including August 18, 2017. (ECF No. 50).

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The stipulation was granted and the order was signed on July 19, 2017. (ECF No. 51).

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On July 24, 2017, the parties filed their stipulation and order to extend discovery deadlines

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(third request) as additional discovery is needed in this matter at outlined in the stipulation.

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(ECF No. 52). The court granted the stipulation extending the discovery cut-off deadlines to

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September 14, 2017. (ECF No. 53). BNYM is still in the process of completing discovery.

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The parties stipulate to extending BNYM's deadline by 41 additional days, to

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September 28, 2017, to allow BNYM additional time to complete discovery and prepare its

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opposition. Good cause exists to extend the deadline, as the extension will allow BNYM's counsel

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to finalize discovery and more fully review the points and authorities raised in the motion.

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42615397;1

Case 2:16-cv-00523-JCM-CWH Document 54 Filed 08/15/17 Page 3 of 3

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This is BNYM's second request for an extension of this deadline and is not intended for the

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purposes of prejudice or delay.

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DATED this 15th day of August, 2017.

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LAW OFFICE OF MICHAEL F. BOHN, ESQ. LTD

AKERMAN LLP

/s/Adam Trippiedi, Esq.
_________________
MICHAEL F. BOHN, ESQ.
Nevada Bar No. 1641
ADAM R. TRIPPIEDI
Nevada Bar No. 10114
376 E. Warm Springs Rd., Ste. 140
Las Vegas, Nevada 89119
Telephone: [phone]

/s/ Donna M. Wittig, Esq.
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
DONNA M. WITTIG, ESQ.
Nevada Bar No. 11015
1160 N. Town Center Drive, Suite 330
Las Vegas, Nevada 89144

Attorneys for Defendant Grey Spencer Dr Trust

Attorneys for Plaintiff the Bank of New York
Mellon f/k/a The Bank of New York, as Trustee for
the Certificateholders CWALT, Inc., Alternative
Loan Trust 2006-OA21, Mortgage Pass-Through
Certificates, Series 2006-OA21

AKERMAN LLP

1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

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IT IS SO ORDERED.

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______________________________________
DISTRICT COURT JUDGE
UNITED STATES DISTRICT JUDGE

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August 17, 2017
DATED:_______________________________

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42615397;1