Rodriguez v. Nationstar Mortgage, LLC et al

Filing 10

ORDER Granting 4 Motion to Extend Time To Extend Time To Respond To Complaint By 45 Days (First Request).Response due 11/7/2016 Signed by Magistrate Judge Carl W. Hoffman on 9/23/2016. (Copies have been distributed pursuant to the NEF - DL) Modified on 9/23/2016 (DL).

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MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
REBEKKAH B. BODOFF, ESQ.
Nevada Bar No. 12703
AKERMAN LLP
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendants Nationstar Mortgage
LLC and HSBC Bank, N.A., as Trustee for the
Holders of Deutsche Alt-A Securities Mortgage
Loan Trust, Mortgage Pass-Through Certificates,
Series 2006-OA1

AKERMAN LLP

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

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Jose Benjamin Rodriguez, an individual,

Case No.: 2:16-cv-02180

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Plaintiff,
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vs.

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NATIONSTAR MORTGAGE, LLC; HSBC
BANK N.A AS TRUSTEE FOR HOLDERS OF
DEUTSCHE
ALT-A
SECURITIES
MORTGAGE LOAN TRUST, MORTGAGE
PASS-THROUGH CERTIFICATES SERIES
2006-OA1;
CLEAR
RECON
CORP;
COUNTRYWIDE BANK, NA; BANK OF
AMERICA, N.A. AS SUCCESSOR BY
MERGER
TO
BAC
HOME
LOANS
SERVICING LP FKA COUNTRYWIDE HOME
LOANS SERVICING LP.

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DEFENDANTS' MOTION TO EXTEND
TIME TO RESPOND TO COMPLAINT
BY 45 DAYS (First Request)

Defendants.

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Defendants Nationstar Mortgage LLC (Nationstar) and HSBC Bank, N.A., as Trustee for

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the Holders of Deutsche Alt-A Securities Mortgage Loan Trust, Mortgage Pass-Through

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Certificates, Series 2006-OA1 (HSBC) (collectively, defendants) move to extend the time to file

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initial responsive pleadings under Federal Rule of Civil Procedure 6(b) and Local Rule 6-1.

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Defendants' initial responsive pleading is currently due on September 22, 2016.

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{39578250;1}1

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I.

Case Background

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This dispute arises out of the servicing, and eventual foreclosure, of a loan secured by a deed

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of trust encumbering real property located at 4353 Grey Spencer Dr., Las Vegas, NV 89141.

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Plaintiff alleges a number of federal and state claims against defendants including violations of the

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Truth in Lending Act, Regulation Z, and NRS 107.

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II.

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Good Cause Exists To Grant
Defendants seek an additional 21 days to respond to the complaint.

In the course of

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obtaining and reviewing defendants' records in this case, it came to undersigned counsel's attention

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that on the same day plaintiff filed this suit, he also filed for bankruptcy. In light of this, defendants

AKERMAN LLP

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

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have filed a notice of bankruptcy and seek time to determine the impact of this bankruptcy.

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This request is not being made for improper purpose and no party will be prejudiced by the

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requested relief.

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III.

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CONCLUSION
Based on the foregoing, the Court should grant the requested extension of 45 days to respond

to plaintiff's complaint, from September 22, 2016 to November 7, 2016.
DATED this 21st day of September, 2016.

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AKERMAN LLP

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September 23,
2016

/s/__Rebekkah Bodoff_____________________
MELANIE D. MORGAN, ESQ.
Nevada Bar No. 8215
REBEKKAH B. BODOFF, ESQ.
Nevada Bar No. 12703
1160 Town Center Drive, Suite 330
Las Vegas, Nevada 89144
Attorneys for Defendants Nationstar Mortgage,
LLC and HSBC Bank, N.A., as Trustee for the
Holders of Deutsche Alt-A Securities Mortgage
Loan
Trust,
Mortgage
Pass-Through
Certificates, Series 2006-OA1

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{39578250;1}2

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CERTIFICATE OF SERVICE

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AKERMAN LLP

September, 2016, I caused to be served a true and correct copy of the foregoing DEFENDANTS'
MOTION TO EXTEND TIME TO RESPOND TO COMPLAINT BY 45 DAYS (First
Request), in the following manner:
(UNITED STATES MAIL) By depositing a copy of the above-referenced document for
mailing in the United States Mail, first-class postage prepaid, at Las Vegas, Nevada, to the parties
listed below at their last-known mailing addresses, on the date above written:

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Jose Benjamin Rodriguez
4353 Grey Spencer Drive
Las Vegas, Nevada 89141

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Plaintiff Pro Per

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

I HEREBY CERTIFY that I am an employee of Akerman LLP, and that on the 21st day of

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/s/ Carla Llarena
An employee of AKERMAN LLP

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{39578250;1}3