Bank of New York Mellon v. Legends Maintenance Corp.

Filing 74

ORDER granting ECF No. 73 Stipulation: Defendant Legends Maintenance Corporation shall have up to and including October 5, 2018 to file its Response to the Bank's Revised Motion for Summary Judgment (ECF No. 68 ). The Parties further agree that all Replies shall then be due October 23, 2018. Signed by Judge Miranda M. Du on 10/4/2018. (Copies have been distributed pursuant to the NEF - LH)

1
2
3
4
5
6
7
8

LEACH KERN GRUCHOW
ANDERSON SONG
SEAN L. ANDERSON
[e-mail]
Nevada Bar No. 7259
T. CHASE PITTSENBARGER
[e-mail]
Nevada Bar No. 13740
2525 Box Canyon Drive
Las Vegas, Nevada 89128
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant Legends
Maintenance Corporation

2525 Box Canyon Drive, Las Vegas, Nevada 89128
Telephone: [phone] – Facsimile [phone]

UNITED STATES DISTRICT COURT

10
LEACH KERN GRUCHOW ANDERSON SONG

9

DISTRICT OF NEVADA

11
12
13

THE BANK OF NEW YORK MELLON TRUST
COMPANY, N.A. FKA THE BANK OF NEW
YORK TRUST COMPANY, N.A., AS TRUSTEE
FOR THE HOLDERS OF MLMI SURF TRUST,
MORTGAGE LOAN ASSET-BACKED
CERTIFICATES, SERIES 2005-BC4,

14

Case No. 2:16-cv-02567-MMD-GWF
STIPULATION AND ORDER
EXTENDING BRIEFING
DEADLINES
[ECF No. 68 & ECF No. 72]

Plaintiff,

15

vs.

16

LEGENDS MAINTENANCE CORPORATION;
BFP INVESTMENTS 6 L.L.C.

17

(First Request)

Defendants.

18
19
20
21

Defendant Legends Maintenance Corporation (the “Association”), Plaintiff The Bank of
New York Mellon (the “Bank”), and Defendant BFP Investments 6, LLC (“BFP”), collectively
(the “Parties), by and through counsel of record, stipulate and agree as follows:
1. On September 10, 2018 the Bank filed its Revised Motion for Summary Judgment

22
[ECF No. 68].
23
24
25
26

2. On October 1, 2018 BFP filed its Response to the Bank’s Motion [ECF No. 72].
3. The Association’s response to the Bank’s Motion was due October 1, 2018.
4. The Bank’s Reply to BFP’s Response is due October 15, 2018.
5. The Parties agree to extend the Association’s deadline to respond to the Bank’s

27
Motion to and including October 5, 2018.
28

6.

1

The Parties also agree to extend the deadline to file their respective Replies to the

2

Parties’ Responses to the individual Motions for Summary Judgment to October 23,

3

2018.

4

7. It has come to the Association’s counsel’s attention that during Leach Kern Gruchow

5

Anderson Song’s relocation to a new office, court filings were not being received.

6

This timeframe coincides with the date on which the Bank filed its Revised Motion

7

for Summary Judgment [ECF No. 68]. This technological issue has caused delays in

8

any responses and/or replies that became due during that time period.

2525 Box Canyon Drive, Las Vegas, Nevada 89128
Telephone: [phone] – Facsimile [phone]

THE PARTIES HEREBY STIPULATE AND AGREE that the Association shall have

10
LEACH KERN GRUCHOW ANDERSON SONG

9

up to and including October 5, 2018 to file its Response to the Bank’s Revised Motion for

11

Summary Judgment [ECF No. 68]. The Parties further agree that all Replies shall then be due

12

October 23, 2018.

13
14

///

15
16

///

17
18

///

19
20

///

21
22

///

23
24

///

25
26

///

27
28
Page 2 of 3

1
2
3

This is the Parties’ first request of these deadlines and is not intended to cause any
delay or prejudice to any party.
Stipulated and agreed to this 3rd day of October, 2018.

4

Leach Kern Gruchow Anderson Song

Akerman, LLP

5

/s/ T. Chase Pittsenbarger
______________________________
Sean L. Anderson
Nevada Bar No. 7259
T. Chase Pittsenbarger,
Nevada Bar No. 13740
2525 Box Canyon Drive
Las Vegas, NV 89128
Attorneys for Legends Maintenance Corp.

/s/ Donna M. Wittig
_______________________________
Melanie D. Morgan
Nevada Bar No. 8215
Donna M. Wittig
Nevada Bar No. 11015
1635 Village Center Circle, #200
Las Vegas, NV 89134
Attorneys for Bank of New York Mellon

6
7
8
9
2525 Box Canyon Drive, Las Vegas, Nevada 89128
Telephone: [phone] – Facsimile [phone]

LEACH KERN GRUCHOW ANDERSON SONG

10
11

KIM GILBERT EBRON

12
13
14
15
16
17

/s/ Diana S. Ebron
_________________________________
Diana S. Ebron
Nevada Bar No. 10580
Jacqueline A. Gilbert
Nevada Bar No. 10593
7625 Dean Martin Drive, #110
Las Vegas, NV 89139
Attorneys for BFP Investments 6 LLC

18
19
ORDER
20
21
22

IT IS SO ORDERED this ______ day of October, 2018.
4th

23
24

___________________________________
U.S. DISTRICT JUDGE

25
26
27
28
Page 3 of 3