Agha-Khan v. Wells Fargo Bank NA A US Bank et al

Filing 14

ORDER Granting 9 Ex Parte Motion to Extend Deadline to Answer Complaint. Nationwide Title Clearing answer due 2/7/2017. Signed by Magistrate Judge Peggy A. Leen on 1/24/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:16-cv-02928-APG-PAL Document 9 (Ex Parte)

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RYAN J. WORKS, ESQ. (NSBN 9224)
AMANDA M. PERACH (NSBN 12399)
McDONALD CARANO WILSON LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, Nevada 89102
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Nationwide Title Clearing, Inc.

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

2300 WEST SAHARA AVENUE, SUITE 1200 • LAS VEGAS, NEVADA 89102
PHONE [phone] • FAX [phone]

McDONALD • CARANO • WILSON LLP

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SALMA AGHA-KHAN, MD., an individual,

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Case No.: 2:16-cv-02928-APG-PAL

Plaintiff,

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Filed 01/23/17 Page 1 of 4

vs.
WELLS FARGO BANK, NA, A US BANK;
WELLS FARGO FINANCIAL NATIONAL
BANK, A National Banking Association; WELLS
FARGO HOME MORTGAGE, a Wells Fargo
Bank, NA subsidiary; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC., a Delaware agency/corporation, form
unknown; MERSCORP HOLDINGS INC,
holding/parent company of MERS INC.; TBI
MORTGAGE COMPANY, a mortgage company;
GMAC MORTGAGE, LLC FKA GMAC
MORTGAGE CORPORATION, a financial
lending business; OCWEN FINANCIAL
CORPORATION, a financial concern, form
unknown; MARIN CONVEYANCING CORP
AKA MARIN CONVEYANCING
CORPORATION, a lending corporation form
unknown; EXECUTIVE TRUSTEE SERVICES,
LLC, a defunct Delaware company form unknown;
FIRST AMERICAN TITEL COMPANY, a title
agency form unknown; FIRST AMERICAN TITLE
INSURANCE COMPANY, a title Insurance
company form unknown; ROUTH CRABTREE
OLSEN PS, a law firm in California; EDWARD T.
WEBER, an individual and attorney at Routh
Crabree Olsen PS; BRETT P. RYAN, an individual
and attorney at Routh Crabree Olsen PS;
JOHNATHAN J. DAMEN, an individual and
attorney at Routh Crabree Olsen PS; JEFF ROMIG
AKA JEFFREY L. ROMIG, an individual;
PATRICIA J. KRAUSE, an individual;
GREENPOINT MORTGAGE FUNDING, INC., a
mortgage company form unknown;
SERVICELINK AKA SERVICELINK, LLC a

NATIONWIDE TITLE CLEARING
INC.’S EX PARTE MOTION TO
EXTEND DEADLINE TO ANSWER
OR OTHERWISE RESPOND TO
COMPLAINT (FIRST REQUEST)

Case 2:16-cv-02928-APG-PAL Document 9 (Ex Parte)

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Filed 01/23/17 Page 2 of 4

business organization form unknown; LSI TITLE
AGENCY INC, a title agency form unknown;
CHICAGO TITLE COMPANY, a title company
form unknown; FIDELITY NATIONAL
DEFAULT SOLUTIONS INC, a company form
unknown; NATIONWIDE TITLE CLEARING, a
title company form unknown; AMANDA ROSE
JONES, an individual and Assistant Secretary for
MERS Inc; KRISTOPHER JAMES SANDBERG,
a Wells Fargo employee; AND DOES 1
THROUGH 1000 INCLUSIVE,

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Defendants.

2300 WEST SAHARA AVENUE, SUITE 1200 • LAS VEGAS, NEVADA
PHONE [phone] • FAX [phone]

Pursuant to Local Rule IA 6-1, the Defendant, Nationwide Title Clearing, Inc. (“NTC”)

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McDONALD • CARANO • WILSON LLP

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respectfully requests that the Court extend the time for it to answer the Complaint (ECF No. 1)

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for the reasons set forth below. This Motion is based upon the papers on file, the arguments

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below and the Declaration of Amanda M. Perach, Esq. (the “Perach Decl.”). This is the first

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request for an extension of the deadline to answer or otherwise respond to the Complaint.
1.

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Harbor, Florida. Perach Decl. at ¶ 4.
2.

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On January 3, 2017, general counsel for NTC received the Complaint in Palm

The Complaint is seventy-five pages long, excluding exhibits, and includes 27

listed defendants. (ECF No. 1)
3.

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Upon receiving the Complaint, general counsel endeavored to review the

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Complaint and following that review, NTC attempted to locate local Nevada counsel to represent

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it in this litigation. Perach Decl. at ¶ 5.
4.

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NTC eventually requested that McDonald Carano Wilson, LLP serve as its

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litigation counsel in this action; however due to the substantial amount of parties involved the

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conflicts review took several days to complete and, therefore, the engagement could not be

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finalized until January 13, 2017. Perach Decl. at ¶ 6.
5.

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Thereafter, on the morning of January 20, 2017, after reviewing the lengthy

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Complaint, NTC’s litigation counsel attempted to contact the Plaintiff, Salma Agha Khan, by

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telephone to request an extension to answer or otherwise respond to the Complaint. Perach Decl.

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at ¶ 7. To date, no response has been received. Id.

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//
Page 2 of 4

Case 2:16-cv-02928-APG-PAL Document 9 (Ex Parte)

Filed 01/23/17 Page 3 of 4

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For these reasons, NTC respectfully requests that the Court set the time for NTC to

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answer or otherwise respond to the Complaint for February 7, 2017, which is 14 days from the

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current deadline to respond.

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2300 WEST SAHARA AVENUE, SUITE 1200 • LAS VEGAS, NEVADA
PHONE [phone] • FAX [phone]

McDONALD • CARANO • WILSON LLP

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DATED this 23rd day of January, 2017.
McDONALD CARANO WILSON LLP
By: /s/ Amanda M. Perach
RYAN J. WORKS, ESQ. (NSBN 9224)
AMANDA M. PERACH (NSBN 12399)
McDONALD CARANO WILSON LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, Nevada 89102
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
Nationwide Title Clearing, Inc.

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IT IS SO ORDERED:

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____________________________________

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UNITED STATES MAGISTRATE JUDGE

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January 24, 2017
DATED: __________________

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Page 3 of 4

Case 2:16-cv-02928-APG-PAL Document 9 (Ex Parte)

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Filed 01/23/17 Page 4 of 4

CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that I am an employee of McDonald Carano Wilson LLP, and that

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on the 23rd day of January, 2017, I served a true and correct copy of the foregoing

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NATIONWIDE TITLE CLEARING INC.’S EX PARTE MOTION TO EXTEND

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DEADLINE TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT (FIRST

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REQUEST) via the Court’s electronic filing system and U.S. Mail, as follows:
Salma Agha-Khan, M.D.
3751 Motor Ave, #34272
Los Angeles, CA 90034
Telephone: [phone]
Email: [e-mail]

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2300 WEST SAHARA AVENUE, SUITE 1200 • LAS VEGAS, NEVADA
PHONE [phone] • FAX [phone]

McDONALD • CARANO • WILSON LLP

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Pro Se Plaintiff

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/s/ Marianne Carter
An employee of McDonald Carano Wilson LLP

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377932

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Page 4 of 4

Case 2:16-cv-02928-APG-PAL Document 9-1 (Ex Parte)

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RYAN J. WORKS, ESQ. (NSBN 9224)
AMANDA M. PERACH (NSBN 12399)
McDONALD CARANO WILSON LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, Nevada 89102
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Nationwide Title Clearing, Inc.

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

2300 WEST SAHARA AVENUE, SUITE 1200 • LAS VEGAS, NEVADA 89102
PHONE [phone] • FAX [phone]

McDONALD • CARANO • WILSON LLP

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SALMA AGHA-KHAN, MD., an individual,

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Case No.: 2:16-cv-02928-APG-PAL

Plaintiff,

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Filed 01/23/17 Page 1 of 3

vs.
WELLS FARGO BANK, NA, A US BANK;
WELLS FARGO FINANCIAL NATIONAL
BANK, A National Banking Association; WELLS
FARGO HOME MORTGAGE, a Wells Fargo
Bank, NA subsidiary; MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC., a Delaware agency/corporation, form
unknown; MERSCORP HOLDINGS INC,
holding/parent company of MERS INC.; TBI
MORTGAGE COMPANY, a mortgage company;
GMAC MORTGAGE, LLC FKA GMAC
MORTGAGE CORPORATION, a financial
lending business; OCWEN FINANCIAL
CORPORATION, a financial concern, form
unknown; MARIN CONVEYANCING CORP
AKA MARIN CONVEYANCING
CORPORATION, a lending corporation form
unknown; EXECUTIVE TRUSTEE SERVICES,
LLC, a defunct Delaware company form unknown;
FIRST AMERICAN TITEL COMPANY, a title
agency form unknown; FIRST AMERICAN TITLE
INSURANCE COMPANY, a title Insurance
company form unknown; ROUTH CRABTREE
OLSEN PS, a law firm in California; EDWARD T.
WEBER, an individual and attorney at Routh
Crabree Olsen PS; BRETT P. RYAN, an individual
and attorney at Routh Crabree Olsen PS;
JOHNATHAN J. DAMEN, an individual and
attorney at Routh Crabree Olsen PS; JEFF ROMIG
AKA JEFFREY L. ROMIG, an individual;
PATRICIA J. KRAUSE, an individual;
GREENPOINT MORTGAGE FUNDING, INC., a
mortgage company form unknown;
SERVICELINK AKA SERVICELINK, LLC a

DECLARATION OF AMANDA M.
PERACH, ESQ. IN SUPPORT OF
NATIONWIDE TITLE CLEARING
INC.’S EX PARTE MOTION TO
EXTEND DEADLINE TO ANSWER
OR OTHERWISE RESPOND TO
COMPLAINT (FIRST REQUEST)

Case 2:16-cv-02928-APG-PAL Document 9-1 (Ex Parte)

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business organization form unknown; LSI TITLE
AGENCY INC, a title agency form unknown;
CHICAGO TITLE COMPANY, a title company
form unknown; FIDELITY NATIONAL
DEFAULT SOLUTIONS INC, a company form
unknown; NATIONWIDE TITLE CLEARING, a
title company form unknown; AMANDA ROSE
JONES, an individual and Assistant Secretary for
MERS Inc; KRISTOPHER JAMES SANDBERG,
a Wells Fargo employee; AND DOES 1
THROUGH 1000 INCLUSIVE,

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I, Amanda M. Perach, declare as follows:

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2300 WEST SAHARA AVENUE, SUITE 1200 • LAS VEGAS, NEVADA
PHONE [phone] • FAX [phone]

Defendants.

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McDONALD • CARANO • WILSON LLP

Filed 01/23/17 Page 2 of 3

1.

I am over the age of eighteen (18) years. I have personal knowledge of the facts

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stated within this Declaration. If called as a witness, I would be competent to testify to these

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facts.

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2.

I am an attorney licensed to practice law in the State of Nevada, an associate with

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the law firm of McDonald Carano Wilson LLP (“McDonald Carano”), and attorney of record for

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defendant Nationwide Title Clearing, Inc. (“NTC”) in the action entitled Salma Agha-Khan, MD.

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v. Wells Fargo Bank, NA, et al., Case No. 2:16-cv-02928-APG-PAL, pending in the United

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States District Court, District of Nevada (the “Action”).

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3.

This Declaration is submitted in support of NTC’s Motion to Extend Deadline to

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Answer or Otherwise Respond to Complaint (First Request) (“Motion”) and is made of my own

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personal knowledge except where stated on information and belief, and as to those matters, I

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believe them to be true, and I am competent to testify thereto if called upon to do so.

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4.

Upon information and belief, on January 3, 2017, general counsel for NTC

received the Complaint in Palm Harbor, Florida.
5.

Upon further information and belief, upon receiving the Complaint, general

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counsel endeavored to review the Complaint and following that review, NTC attempted to locate

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local Nevada counsel to represent it in this litigation.

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6.

NTC eventually requested that McDonald Carano Wilson, LLP serve as its

litigation counsel in this action; however due to the substantial amount of parties involved the

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Page 2 of 3

Case 2:16-cv-02928-APG-PAL Document 9-1 (Ex Parte)

Filed 01/23/17 Page 3 of 3

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conflicts review took several days to complete and, therefore, the engagement could not be

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finalized until January 13, 2017.

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7.

Thereafter, on the morning of January 20, 2017, after reviewing the lengthy

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Complaint, I attempted to contact the Plaintiff, Salma Agha Khan, by telephone to request an

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extension to answer or otherwise respond to the Complaint. To date, no response has been

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received.

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2300 WEST SAHARA AVENUE, SUITE 1200 • LAS VEGAS, NEVADA
PHONE [phone] • FAX [phone]

McDONALD • CARANO • WILSON LLP

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I, Amanda M. Perach, do hereby declare under penalty of perjury that that the foregoing
is true and correct.
Executed on: January 23, 2017

/s/ Amanda M. Perach
Amanda M. Perach, Esq.

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