Ditech Financial LLC v. T-Shack, Inc. et al

Filing 55

ORDER Granting 54 Stipulation for Extension of Time re 38 Motion for Summary Judgment (First Request) and Withdrawal of 53 Response. Signed by Judge Richard F. Boulware, II on 6/13/2019. (Copies have been distributed pursuant to the NEF - MR)

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ANDREW A. BAO, ESQ.
Nevada Bar No. 10508
COLT B. DODRILL, ESQ.
Nevada Bar No. 9000
WOLFE & WYMAN LLP
6757 Spencer St.
Las Vegas, NV 89119
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff
DITECH FINANCIAL LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DITECH FINANCIAL LLC,

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CASE NO. 2:16-cv-02615-RFB-VCF

Plaintiff,
v.
T-SHACK, INC.; SUNDANCE HOMEOWNERS
ASSOCIATION, INC.,
Defendants.

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STIPULATION AND ORDER
WITHDRAWING T-SHACK, INC.’S
RESPONSE TO DITECH FINANCIAL
LLC’S MOTION FOR SUMMARY
JUDGMENT AND EXTENDING
DEADLINE FOR REPLY

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Plaintiff DITECH FINANCIAL LLC (“Ditech”) and Defendant T-SHACK, INC. (“T-

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Shack”) (collectively, “Parties”), by and through their undersigned counsel, hereby stipulate the
withdrawal of T-Shack’s Response to Ditech’s Motion for Summary Judgment filed on June 7, 2019
(ECF 53) and extend the deadline to reply.
Local Rule 26-4 Statement

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On April 10, 2019, this Court issued a minute order outlining the following deadlines:

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Dispositive Motions
Responses
Replies

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May 17, 2019
May 27, 2019
June 3, 2019

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(ECF 37)

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Ditech filed its Motion for Summary Judgment on May 17, 2019 (ECF 38), followed by an
Errata on May 20, 2019 (ECF 41). T-Shack did not file its response until June 4, 2019 (ECF 51). T1
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Shack then filed a second response on June 7, 2019 (ECF 53). T-Shack did not withdraw its initial

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response, nor did it reference it in the second response. Thus, it is impossible for Ditech to reply

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because Ditech cannot know which brief is operative. Additionally, because both responses filed by

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T-Shack were untimely, there is no way to comply with the Court’s original June 3, 2019 deadline.

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Consequently, the Parties stipulate as follows:
IT IS STIPULATED THAT T-Shack, Inc. shall withdraw its Response filed on June 7, 2019

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(ECF 53).
IT IS FURTHER STIPULATED THAT Ditech Financial LLC shall have two weeks from

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the date of the execution of this Stipulation to file its Reply.
IT IS SO STIPULATED.

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DATED: June 12, 2019

DATED: June 12, 2019

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WOLFE & WYMAN LLP

AYON LAW, PLLC

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By:

/s/ Andrew A. Bao
By:
/s/ Steven H. Burke
ANDREW A. BAO, ESQ.
LUIS A. AYON, ESQ.
Nevada Bar No. 10508
Nevada Bar No. 9752
COLT B. DODRILL, ESQ.
STEVEN H. BURKE, ESQ.
Nevada Bar No. 9000
Nevada Bar No. 14037
6757 Spencer Street
8716 Spanish Ridge Ave., Ste. 115
Las Vegas, NV 89119
Las Vegas, NV 89148
Attorneys for Plaintiff
Attorneys Defendant
DITECH FINANCIAL LLC f/k/a GREEN
T-SHACK, INC.
TREE SERVICING, LLC

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IT IS SO ORDERED.

________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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Dated: __________________

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DATED this 13th day of June, 2019.
_______________________________________
UNITED STATES DISTRICT COURT JUDGE

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3374381.1

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CERTIFICATE OF SERVICE

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June 12, 2019, I served the STIPULATION AND ORDER WITHDRAWING T-SHACK,

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INC.’S RESPONSE TO DITECH FINANCIAL LLC’S MOTION FOR SUMMARY

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JUDGMENT AND EXTENDING DEADLINE FOR REPLY by the following means to the

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persons as listed below:
X

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a.

ECF System (you must attach the “Notice of Electronic Filing”, or list

all persons and addresses and attach additional paper if necessary):
Allison R. Schmidt
[e-mail]

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[e-mail], [e-mail],

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Luis Alonso Ayon [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail], [e-mail],
[e-mail]

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Ryan D Hastings [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]

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b.

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United States Mail, postage fully pre-paid (List persons and addresses.

Attach additional paper if necessary):

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By:

/s/ Jamie Soquena
Jamie Soquena
An employee of Wolfe & Wyman LL

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