Rodriguez v. Nationstar Mortgage, LLC et al

Filing 12

ORDER Granting 11 Motion to Extend Time To Respond To Complaint. Responses due by 11/7/2016. Signed by Magistrate Judge Carl W. Hoffman on 9/27/2016. (Copies have been distributed pursuant to the NEF - DL)

Case 2:16-cv-02180-KJD-CWH Document 11 Filed 09/26/16 Page 1 of 4

1
2
3
4
5
6
7

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, Nevada 89144
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Bank of America, N.A.

8

AKERMAN LLP

UNITED STATES DISTRICT COURT

10
1160 TOWN CENTER DRIVE, SUITE 330
LAS VEGAS, NEVADA 89144
TEL.: [phone] – FAX: [phone]

9

DISTRICT OF NEVADA

11
JOSE BENJAMIN RODRIGUEZ, an individual,
12

Plaintiff,

13
vs.
14
15
16
17
18
19
20

Case No.: 2:16-cv-02180

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.,

21

DEFENDANT BANK OF AMERICA,
N.A.’S MOTION TO EXTEND
TIME TO RESPOND TO COMPLAINT
[FIRST REQUEST]

Defendants.

22
23
24

Defendant Bank of America, N.A,1 named here in its own capacity and as successor by July

25

1, 2011 de jure merger with BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans

26
27

1

Plaintiff also names Countrywide Bank, N.A. (“Countrywide Bank”) as a defendant. Effective April 27, 2009,
Countrywide Bank merged with and into Bank of America, N.A.

28
{39621453;1}

Case 2:16-cv-02180-KJD-CWH Document 11 Filed 09/26/16 Page 2 of 4

1

Servicing LP (BANA) moves to extend time to file the initial responsive pleadings under Federal

2

Rule of Civil Procedure 6(b) and Local Rule 6-1. Although BANA has not been served with the

3

summons and complaint in this matter, it file this motion out of an abundance of caution and seeks

4

an order granting it until November 7, 2016, to respond to the Complaint.

5
6

I. Case Background

7

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

8

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

9

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

AKERMAN LLP

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

10

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

11
12

II. Good Cause Exists To Grant

13

BANA seeks additional time to respond to the complaint. In the course of obtaining and

14

reviewing its records in this case, it came to undersigned counsel's attention that on the same day

15

plaintiff filed this suit, he also filed for bankruptcy. In light of this, defendants Nationstar Mortgage,

16

LLC (Nationstar) and HSBC Bank, N.A. (HSBC) filed a notice of bankruptcy [ECF No. 5] and

17

motion to extend time [ECF No. 4.] on September 21, 2016. On September 23, 2016, the Court

18

granted Nationstar and HSBC’s motion to extend time and granted Nationstar and HSBC until

19

November 7, 2016, to respond to the complaint.

20

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

21

requested relief.

22

///

23

///

24

///

25

///

26

///

27

///

28

///
{39621453;1}

2

Case 2:16-cv-02180-KJD-CWH Document 11 Filed 09/26/16 Page 3 of 4

1
2
3
4

III.Conclusion
Based on the foregoing, the Court should grant the requested extension and allow BANA
until November 7, 2016, to respond to the complaint in this matter.
DATED this 26th day of September, 2016.

5
AKERMAN LLP

6
7

13

/s/ Rebekkah Bodoff___________________________
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, Nevada 89144
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]

14

Attorneys for Bank of America, N.A.

8
9

AKERMAN LLP

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

10
11
12

15
16
17
18

September 27, 2016

19
20
21
22
23
24
25
26
27
28
{39621453;1}

3

Case 2:16-cv-02180-KJD-CWH Document 11 Filed 09/26/16 Page 4 of 4

1

CERTIFICATE OF SERVICE

2

I HEREBY CERTIFY that I am an employee of Akerman LLP, and that on the 26th day of

3
September, 2016, I caused to be served a true and correct copy of the foregoing DEFENDANT
4
BANK OF AMERICA, N.A.’S MOTION TO EXTEND TIME TO RESPOND TO
5
COMPLAINT [FIRST REQUEST], in the following manner:
6
(Electronic Service)

Pursuant to FRCP 5(b), the above referenced document was

7
electronically filed on the date hereof with the Clerk of the Court for the United States District
8
Court by using the Court's CM/ECF system and served through the Court's Notice of electronic
9
filing system automatically generated to those parties registered on the Court's Master E-Service

AKERMAN LLP

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

10
List.
11
12
13
14
15
16

Laurel I. Handley, Esq.
Krista J. Nielson, Esq.
Aldridge Pite, LLP
520 South 4th Street, Suite 360
Las Vegas, Nevada 89101
[e-mail]
Attorneys for Defendant Clear Recon Corp.

17
18

(UNITED STATES MAIL) By depositing a copy of the above-referenced document for

19

mailing in the United States Mail, first-class postage prepaid, at Las Vegas, Nevada, to the parties

20

listed below at their last-known mailing addresses, on the date above written:

21
22

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

23
24

Plaintiff Pro Per

25

/s/ Carla Llarena
An employee of AKERMAN LLP

26
27
28
{39621453;1}

4