The Bank of New York Mellon v. Nevada New Builds, LLC et al

Filing 65

ORDER granting 64 STIPULATION FOR EXTENSION OF TIME (First Request) to file Reply. The Reply to the 63 Response to the 60 Motion for Summary Judgment is due by 7/13/2020. Signed by Judge Richard F. Boulware, II on 6/30/2020. (Copies have been distributed pursuant to the NEF - DRS)

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1 2 3 4 5 6 7 8 9 MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 REX D. GARNER, ESQ. Nevada Bar. No. 9401 AKERMAN LLP 1635 Village Center Circle, Ste. 200 Las Vegas, Nevada 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: melanie.morgan@akerman.com Email: rex.garner@akerman.com Attorneys for The Bank of New York Mellon f/k/a The Bank of New York Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee for the Structured Asset Mortgage Investments II Trust, Mortgage Pass-Through Certificates, Series 2006AR3 10 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 AKERMAN LLP UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 14 15 16 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR3, a Delaware corporation Case No.: 2:16-cv-02894-RFB-EJY STIPULATION AND ORDER TO EXTEND THE DEADLINE ON OPPOSITION TO MOTION FOR SUMMARY JUDGMENT [ECF NO. 61] 17 [FIRST REQUEST] Plaintiff, 18 vs. 19 20 21 22 23 NEVADA NEW BUILDS, LLC, a Nevada limited liability company; AFFLUENT REAL ESTATE INVESTORS, LLC, a domestic limited company; CANYON WILLOW TROPICANA (CANYON WILLOW EAST UNIT 1), a Nevada non-profit company; and EQUITY HOLDING CORP., as Trustee for THE EAST TROPICANA AVENUE TRUST NO. 15115151 DATED 12/01/2015, a California Trust, 24 Defendants. 25 26 27 28 53655132;1 1 1 2 EQUITY HOLDING CORP., as Trustee for THE EAST TROPICANA AVENUE TRUST NO. 15115151 DATED 12/01/2015, a California Trust, 3 Counterclaimant, 4 vs. 5 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-AR3, a Delaware corporation; DOES 1 through 10; and ROE CORPORATIONS 1 through 10, inclusive, 6 7 8 9 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 AKERMAN LLP 10 Counterdefendants. 11 12 Plaintiff/Counter-Defendant The Bank of New York Mellon f/k/a The Bank of New York 13 Successor Trustee to JPMorgan Chase Bank, N.A., as Trustee for the Structured Asset Mortgage 14 Investments II Trust, Mortgage Pass-Through Certificates, Series 2006-AR3 (BoNYM) and 15 Defendant/Counter-Claimants Nevada New Builds, LLC, Affluent Real Estate Investors, LLC, 16 Equity Holding Corp. as Trustee for The East Tropicana Avenue Trust No. 15115151 Dated 17 12/01/2015 (Nevada New Builds, collectively the parties), by and through their undersigned 18 counsel, hereby stipulate and agree as follows: 19 20 1. 2. No. 61]. 23 24 Nevada New Builds filed its motion for summary judgment on June 8, 2020 [ECF 60]. 21 22 BoNYM's filed its renewed motion for summary judgment on June 8, 2020 [ECF No. 3. Nevada New Builds filed a response to BoNYM's renewed motion for summary judgment on June 26, 2020 [ECF No. 63]. 25 4. BoNYM's opposition to Nevada New Builds' motion for summary judgment is due on 26 June 29, 2020 [ECF No. 61]. 27 /// 28 /// 53655132;1 2 1 5. The parties stipulate and agree to allow BoNYM an additional fourteen (14) days, up 2 to and including Monday, July 13, 2020, to file a response to Nevada New Builds' motion for 3 summary judgment. 4 This is the first request for an extension of these deadlines. This request is not made to cause 5 any undue delay or prejudice to any party. 6 DATED: June 29, 2020. DATED: June 29, 2020. 7 AKERMAN LLP HONG & HONG LAW OFFICE /s/ Rex D. Garner MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 REX D. GARNER, ESQ. Nevada Bar No. 9401 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 /s/ Joseph Y. Hong JOSEPH Y. HONG, ESQ. Nevada Bar No. 5995 1980 Festival Plaza Drive, Suite 650 Las Vegas, Nevada 89135 8 9 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 AKERMAN LLP 10 11 12 13 14 15 16 Attorney for Nevada New Builds, LLC, Affluent Real Estate Investors, LLC, Equity Holding Attorneys for The Bank of New York Mellon Corp. as Trustee for The East Tropicana f/k/a The Bank of New York Successor Trustee Avenue Trust No. 15115151 Dated 12/01/2015 to JPMorgan Chase Bank, N.A., as Trustee for the Structured Asset Mortgage Investments II Trust, Mortgage Pass-Through Certificates, Series 2006-AR3 17 ORDER 18 IT IS SO ORDERED. 19 ________________________________ ________________________________ RICHARD F. BOULWARE, II RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE UNITED STATES DISTRICT JUDGE UNITED STATES DISTRICT JUDGE 20 21 22 Case No.: 2:16-cv-02894-RFB-EJY DATED this DATED this 23 DATED: ______________________ June 30, 2020. 24 25 26 27 28 53655132;1 3

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