U.S. Bank N.A. v. SFR Investments Pool 1, LLC et al

Filing 53

ORDER Granting 52 Motion to Extend Time to File Reply in Support of 50 Motion for Leave to File (First Request). Replies due by 9/8/2017. Signed by Judge James C. Mahan on 9/5/17. (Copies have been distributed pursuant to the NEF - MR)

1 Abran E. Vigil
Nevada Bar No. 7548
2 Justin A. Shiroff
Nevada Bar No. 12869
3 BALLARD SPAHR LLP
100 North City Parkway, Suite 1750
4 Las Vegas, Nevada 89106
Telephone: [phone]
5 Facsimile: [phone]
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiff/Counter-

defendant U.S. Bank N.A.,

8 successor trustee to Bank of

America, N.A., successor in interest

9 to LaSalle Bank N.A., as trustee,

on behalf of the holders of the

10 Washington Mutual Mortgage

Pass-Through Certificates,

LAS VEGAS, NEVADA 89106

12
[phone] FAX [phone]

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

11 WMALT Series 2005-10

UNITED STATES DISTRICT COURT

13

DISTRICT OF NEVADA

14

U.S. BANK N.A., SUCCESSOR TRUSTEE
15 TO BANK OF AMERICA, N.A.,
SUCCESSOR IN INTEREST TO
16 LASALLE BANK N.A., AS TRUSTEE, ON
BEHALF OF THE HOLDERS OF THE
17 WASHINGTON MUTUAL MORTGAGE
PASS-THROUGH CERTIFICATES,
18 WMALT SERIES 2005-10,
Plaintiff,

19
20 vs.

21 SFR INVESTMENTS POOL 1 LLC, a
Nevada limited liability company;
22 SHERMAN OAKS ESTATES OWNERS
ASSOCIATION, a Nevada non-profit
23 corporation.
Defendant.

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25

SFR INVESTMENTS POOL 1, LLC, a
26 Nevada limited liability company,
Counter/Cross-claimant,

27
28 vs.

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Case No. 2:16-cv-02801-JCM-GWF
MOTION TO EXTEND TIME TO
FILE REPLY IN SUPPORT OF
MOTION FOR LEAVE TO FILE AN
AMENDED COMPLAINT [DKT. 50]
(FIRST REQUEST)

1

U.S. BANK N.A., SUCCESSOR TRUSTEE
2 TO BANK OF AMERICA, N.A.,
SUCCESSOR IN INTEREST TO
3 LASALLE BANK N.A., AS TRUSTEE, ON
BEHALF OF THE HOLDERS OF THE
4 WASHINGTON MUTUAL MORTGAGE
PASS-THROUGH CERTIFICATES,
5 WMALT SERIES 2005-10; DAVID L.
MCCOY, an individual; PAMELA MCCOY,
6 an individual,
7

Counter/Cross-defendants.

8
9

Plaintiff/Counter-Defendant U.S. Bank N.A., successor trustee to Bank of

10 America, N.A., successor in interest to LaSalle Bank N.A., as trustee, on behalf of

LAS VEGAS, NEVADA 89106

12 WMALT Series 2005-10 (the “Trustee”) moves the Court pursuant Fed. R. Civ. P.
[phone] FAX [phone]

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

11 the holders of the Washington Mutual Mortgage Pass-Through Certificates,

13 6(b) and LR IA 6-1 to extend the time for Trustee to file a reply in support of its
14 Motion for Leave to File an Amended Complaint.1

Trustee’s motion was filed

15 August 21, 2017. Sherman Oaks filed an opposition on August 23, 2017. Trustee’s
16 reply in support is currently due August 30, 2017.2 Trustee respectfully requests
17 that its deadline to file a Reply be extended to September 8, 2017.
18

Good cause exists for an extension, as the bases for Sherman Oaks opposition

19 to Trustee’s motion are entirely different from those relied upon by the Court in
20 granting the motion to dismiss. Sherman Oaks’ opposition is based on legal issues
21 the parties last briefed seven months ago.

Trustee requires additional time to

22 review the briefing on these issues and update its research to ensure it provides
23 appropriate responses to Sherman Oaks’ arguments and presents the Court with
24 current and relevant legal authority. Additionally, due to the upcoming holiday
25

1 Counsel for Trustee attempted to contact counsel for Sherman Oaks to
obtain a stipulation prior to filing this motion. However, as of the date of filing,
26 counsel for Trustee has not received a response from Sherman Oaks.

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2 SFR Investments Pool 1, LLC has not, at this time, filed an opposition to
Trustee’s motion, but may do so no later than September 5, 2017.

2
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1 weekend, Trustee has not been able to obtain client approval of this filing by
2 August 30, 2017, and the availability of its client contacts over the next week is
3 limited.
4

This is Trustee’s first request for an extension of this deadline, and the

5 request is not intended to cause any delay or prejudice to any party.
6

For the foregoing reasons, good cause exists to order that Trustee be allowed

7 until September 8, 2017 to file a Reply in support of its Motion for Leave to File an
8 Amended Complaint.
9

Dated this 30th day of August, 2017.

10

LAS VEGAS, NEVADA 89106

BALLARD SPAHR LLP

12
[phone] FAX [phone]

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

11

By: /s/ Justin A. Shiroff
Abran E. Vigil, Esq.
Nevada Bar No. 7548
Justin A. Shiroff, Esq.
Nevada Bar No. 12869
100 North City Parkway, Suite 1750
Las Vegas, Nevada 89106

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Attorneys for Plaintiff/CounterDefendant

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ORDER

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IT IS SO ORDERED.

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UNITED STATES DISTRICT JUDGE
September 5, 2017
Dated:

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CERTIFICATE OF SERVICE

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2

I hereby certify that on the 30th day of August, 2017, I served a copy of the

3 foregoing MOTION TO EXTEND TIME TO FILE REPLY IN SUPPORT OF
4 MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT upon each of the
5 parties via electronic service through the United States District Court for the
6 District of Nevada's CM/ECF filing system.
7
8

/s/ Sarah Walton
An employee of BALLARD SPAHR LLP

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LAS VEGAS, NEVADA 89106

12
[phone] FAX [phone]

BALLARD SPAHR LLP

100 NORTH CITY PARKWAY, SUITE 1750

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