The Bank of New York Mellon v. Carmel Canyon Homeowners' Association et al

Filing 42

ORDER Granting 41 First Stipulation for Extension of Time Re: 40 Motion to Dismiss. Responses due by 12/4/2019. Replies due by 1/18/2020. Signed by Judge Andrew P. Gordon on 11/20/2019. (Copies have been distributed pursuant to the NEF - SLD)

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LIPSON NEILSON P.C.
J. WILLIAM EBERT, ESQ.
Nevada Bar No. 2697
AMBER M. WILLIAMS, ESQ.
Nevada Bar No. 12301
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] - Telephone
[phone] – Facsimile
[e-mail]
[e-mail]
Attorneys for Carmel Canyon
Homeowners Association

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

Lipson Neilson P.C.
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
TEL.: [phone] | FAX: [phone]

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THE BANK OF NEW YORK MELLON,
FKA THE BANK OF NEW YORK
SUCCESSOR TRUSTEE TO
JPMORGAN CHASE BANK, N.A. AS
TRUSTEE FOR THE HOLDERS OF
BEAR STEARNS ALT-A TRUST 2006-1,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2006-1,

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Plaintiff,
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vs.
CARMEL CANYON HOMEOWNERS
ASSOCIATION; 5852 PONDEROSA
VERDE TRUST; AND G&P
ENTERPRISES NEVADA LLC dba
ALLIED TRUSTEE SERVICES,

CASE NO.: 2:16-cv-01099-APG-BNW
STIPULATION AND [PROPOSED]
ORDER BETWEEN CARMEL CANYON
HOMEOWNERS ASSOCIATION AND
THE BANK OF NEW YORK MELLON TO
EXTEND BRIEFING DEADLINES ON
THE HOA’S PARTIAL MOTION TO
DISMISS PLAINTIFF’S SECOND &
THIRD CAUSES OF ACTION
(FIRST REQUEST)

Defendants.

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Defendant CARMEL CANYON HOMEOWNERS ASSOCIATION (“HOA”) and

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Plaintiff THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK

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SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR

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THE HOLDERS OF BEAR STEARNS ALT-A TRUST 2006-1, MORTGAGE PASS-

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THROUGH CERTIFICATES, SERIES 2006-1’s (“Plaintiff”) hereby stipulate and agree

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as follows:
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1.

On November 6, 2019, the HOA filed a Partial Motion to Dismiss Plaintiff’s

Second and Third Causes of Action [Dkt. No. 40] (“Motion”).

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2.

Responses to the Motion are presently due on November 20, 2019.

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3.

The HOA’s reply is due on December 4, 2019.

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4.

The parties wish to attempt settlement discussions and desire to avoid

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expending unnecessary attorneys’ fees and costs during settlement discussions. Thus,

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the parties desire to extend the briefing deadlines by two (2) weeks on the HOA’s

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pending Motion to facilitate settlement discussions.
IT IS HEREBY AGREED AND STIPULATED, that in order to facilitate settlement

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discussions, the time for Plaintiff to file its response to the HOA’s Motion should be

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Lipson Neilson P.C.
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
TEL.: [phone] | FAX: [phone]

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continued from November 20, 2019 to December 4, 2019.

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IT IS FURTHER STIPULATED AND AGREED that the HOA will have up to and

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including January 18, 2020, in which to file its reply brief. This request is made in good

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faith and not for purposes of delay.

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DATED this 20th day of November, 2019.

DATED this 20th day of November, 2019.

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LIPSON NEILSON P.C.

AKERMAN LLP

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/s/ Amber M. Williams

/s/ Scott R. Lachman

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__________________________________
J. William Ebert, Esq. (Bar No. 2697)
Amber M. Williams, Esq. (Bar No. 12301)
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144
Attorneys for Carmel Canyon
Homeowners Association

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Ariel E. Stern, Esq. (Bar No. 8627)
Scott R. Lachman, Esq. (Bar No. 12016)
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Attorneys for The Bank of New York Mellon

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ORDER

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IT IS SO ORDERED.

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DATED: _______________
November 20, 2019.

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______________________________________
UNITED STATES DISTRICT COURT JUDGE

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