Ditech Financal LLC v. Northgate Homeowners Association et al

Filing 74

ORDER granting ECF No. 73 Stipulation. Carrington will postpone the currently-scheduled foreclosure to June 15, 2021. The opposition to the Motions for Temporary Restraining Order and Preliminary Injunction (ECF Nos. 67 , 69 ) will be due on June 1, 2021. The reply in support of the Motions (ECF Nos. 67 , 69 ) will be due on June 11, 2021. Signed by Chief Judge Miranda M. Du on 5/20/2021. (Copies have been distributed pursuant to the NEF - AB)

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
SCOTT R. LACHMAN, ESQ.
Nevada Bar No. 12016
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone:
[phone]
Facsimile :
[phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Carrington Mortgage Services, LLC
UNITED STATES DISTRICT COURT

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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DISTRICT OF NEVADA

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DITECH FINANCIAL LLC;

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Case No.: 2:16-cv-02400-MMD-VCF
Plaintiff,

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vs.

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NORTHGATE
HOMEOWNERS
ASSOCIATION; NEVADA ASSOCIATION
SERVICES;
MARIA
LOYO-MORALES;
KIMBERLY TIBONI; DOES 1-10,

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STIPULATION AND ORDER TO
CONTINUE DEADLINES FOR BRIEFING
FOR MOTIONS FOR TEMPORARY
RESTRAINING ORDER AND
PRELIMINARY INJUNCTION
[FIRST REQUEST]

Defendants.

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Carrington Mortgage Services, LLC has assumed servicing of the loan at issue in this case.

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Ditech Financial LLC no longer has an interest in the loan. Until today, Carrington was unaware of

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the motions [ECF Nos. 66, 67, 68, 69] filed by Maria Loyo-Morales on May 14, 2021. Carrington

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retained Akerman LLP today, in the afternoon, after learning about Loyo-Morales's pending motions

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from its foreclosure trustee. Neither Carrington nor Akerman knew about the motions nor the court's

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minute order [ECF No. 70] until this afternoon. Carrington needs additional time to enter an

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appearance, review the prior history of the case, investigate the contentions made in the pending

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motions, and prepare a response. This is the first stipulation for extension of time to related to the

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motions filed by Ms. Loyo-Morales.

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58297419;1

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Carrington and Loyo-Morales stipulate to modify its scheduling order as follows:

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Carrington will postpone the currently-scheduled foreclosure to June 15, 2021;

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Carrington's opposition to the motions for TRO and preliminary injunction [ECF Nos. 66, 67,

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69] will be due on June 1, 2021.
•

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Loyo-Morales's reply in support of her motions for TRO and preliminary injunction will be
due on June 11, 2021.

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The parties request no change to the court's determination to consider the motion to set aside

The parties anticipate this proposed schedule will allow the court to consider the motion for

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AKERMAN LLP

the default judgment [ECF No. 68] in the ordinary course.

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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TRO and preliminary injunction in sufficient time before the rescheduled foreclosure sale (i.e., June

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15, 2021). Should the court require additional time, the parties request it modify the proposed

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schedule accordingly. Good cause exists to grant the relief requested and no party will be prejudiced

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by the extension

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DATED this 19th day of May 2021.

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AKERMAN LLP

CORY READE DOWS AND SHAFER

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/s/ Scott R. Lachman
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
SCOTT R. LACHMAN, ESQ.
Nevada Bar No. 12016
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ R. Christopher Reade
R. CHRISTOPHER READE, ESQ.
Nevada Bar No. 6791
1333 North Buffalo Drive, Suite 210
Las Vegas, Nevada 89128

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Attorney for Maria Loyo-Morales

Attorneys for Carrington Mortgage Services,
LLC

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IT IS SO ORDERED

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______________________________________
UNITED STATES DISTRICT JUDGE

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May 20, 2021
DATED:_______________________________

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58297419;1