Ditech Financial LLC v. Haddad et al

Filing 41

ORDER granting 40 Stipulation to Set Aside 39 Order on Motion to Dismiss. Signed by Judge Andrew P. Gordon on 1/8/2019. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 DANIELLE A. KOLKOSKI, ESQ. Nevada Bar No. 8506 WOLFE & WYMAN LLP 6757 Spencer St. Las Vegas, NV 89119 Tel: (702) 476-0100 Fax: (702) 476-0101 dakolkoski@wolfewyman.com 5 6 Attorneys for Plaintiff DITECH FINANCIAL LLC 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 DITECH FINANCIAL LLC, CASE NO. 2:16-cv-02287-APG-NJK Plaintiff, 10 v. STIPULATION AND ORDER TO SET ASIDE ORDER GRANTING RESOURCES GROUP LLC AS TRUSTEE OF THE THOMPSON DRIVE TRUST MOTION TO DISMISS [ECF NO. 39] 11 12 RESOURCES GROUP, LLC, as trustee of the THOMPSON DRIVE TRUST; GRAPEVINE VILLAS HOMEOWNERS’ ASSOCIATION, 13 Defendants. 14 15 16 Pursuant to LR 7-1, DITECH FINANCIAL LLC (formerly known as Green Tree Servicing 17 LLC (hereinafter “Ditech”) and Resources Group, LLC as Trustee of the Reber Dr Trust (hereinafter 18 referred to as “Resources Group, LLC”) by and through their attorneys, hereby stipulate and agree to 19 the following: 20 21 1. On December 11, 2018 Resources Group, LLC filed a Motion to Dismiss [ECF No. 32]. Ditech’s Response was due December 25, 2018. 22 3. On December 11, 2018, counsel for Ditech emailed counsel for Resources Group 23 LLC requesting a 30 day extension to file a Response. Ditech requested that the due date for its 24 Response be January 14, 2019. 25 4. On December 12, 2018, counsel for Resources Group LLC granted Ditech’s request 26 for a 30 day extension and agreed to the January 14, 2019 due date for Ditech’s Response. 27 Additionally, counsel for Ditech sent counsel for Resources Group, LLC a proposed Stipulation and 28 Order to Extend Time for Ditech to File a Response to Resources Group, LLC’s Motion to Dismiss 1 3247786.1 1 (hereinafter “Proposed Stipulation”). 5. 2 3 inadvertently not executed and filed. 6. 4 5 Due to the parties’ schedules and recent holidays, the Proposed Stipulation was On January 3, 2019, the Court granted Resources Group, LLC’s Motion to Dismiss [ECF No. 39]. 7. 6 On January 4, 2019, the parties met and conferred regarding the Court’s Order 7 granting Resources Group, LLC’s Motion to Dismiss [ECF No. 39]. Ditech and Resources Group 8 LLC agreed to set aside the Court’s Order granting the Motion to Dismiss to allow Ditech to respond 9 pursuant to its prior agreement. The parties also agreed that Ditech’s Response to the Motion to 10 Dismiss would be January 14, 2019. 11 /// 12 /// 13 /// 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3247786.1 8. 1 2 not intended not to cause undue delay. 3 4 This stipulation is entered into in good faith, does not prejudice any of the parties, and IT IS SO STIPULATED. DATED: January 7, 2019 WOLFE & WYMAN LLP 5 By: /s/Danielle A. Kolkoski DANIELLE A. KOLKOSKI, ESQ. Nevada Bar No. 8506 Attorneys for Plaintiffs DITECH FINANCIAL LLC and FEDERAL NATIONAL MORTGAGE ASSOCIATION 6 7 8 9 10 DATED: January 7, 2019 LAW OFFICES OF MICHAEL F. BOHN, ESQ., LTD. 11 By: /s/Michael F. Bohn MICHAEL F. BOHN. ESQ. Nevada Bar No. 1641 2260 Corporate Circle, Suite 480 Henderson, NV 89074 Attorneys for Defendant RESOURCES GROUP, LLC as Trustee of the Reber Dr. Trust 12 13 14 15 16 17 DATED: January 7, 2019 LEACH KERN GRUCHOW ANDERSON SONG 18 By: /s/Chase Pittsenbarger CHASE PITTSENBARGER, ESQ. Nevada Bar No. 13740 2525 Box Canyon Drive Las Vegas, NV 89128 Attorneys for Defendant GRAPEVINE VILLAS HOMEOWNERS ASSOCIATION 19 20 21 22 23 24 25 IT IS SO ORDERED. DATED: ___________________________ 26 __________________________________________ UNITED STATES DISTRICT JUDGE Dated: January 8, 2019. 27 28 3 3247786.1

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