Stuppy v. Wells Fargo Home Mortgage, et al

Filing 5

ORDER Granting 4 Ex Parte Motion to Extend Time to Respond to Plaintiff's Complaint. Wells Fargo Bank N.A.'s answer due 1/19/2017. Signed by Magistrate Judge Peggy A. Leen on 12/28/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-02954-JCM-PAL Document 4 (Ex Parte)

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Filed 12/22/16 Page 1 of 4

Robin E. Perkins, Esq.
Nevada Bar No. 9891
Tanya N. Peters, Esq.
Nevada Bar No. 8855
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
Wells Fargo Bank, N.A. (also incorrectly
named as Wells Fargo Home Mortgage)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

SHEILA K. STUPPY,
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Plaintiff,

CASE NO.: 2:16-cv-02954-JCM-PAL

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vs.
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WELLS FARGO HOME MORTGAGE;
WELLS FARGO BANK, N.A., CLEAR
RECON CORP.;

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Defendants.

DEFENDANT WELLS FARGO
BANK, N.A.’S EX PARTE
MOTION TO EXTEND TIME TO
RESPOND TO PLAINTIFF’S
COMPLAINT

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Pursuant to Federal Rule of Civil Procedure 7(b) and Local Rules 6-2 and 7-5(b) for the
District of Nevada, Defendant Wells Fargo Bank, N.A., also incorrectly sued as Wells Fargo
Home Mortgage (“Wells Fargo”) respectfully submits this Ex Parte Motion to Extend Deadline to
Respond to the Complaint filed by Plaintiff Sheila K. Stuppy (“Plaintiff”), which was removed to
this Court on December 21, 2016 (the “Motion”).1

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Wells Fargo respectfully requests an extension of time to respond to Plaintiff’s Complaint
for twenty-one (21) days. In support of this Motion, Wells Fargo states as follows:

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1.

On or about December 2, 2016, Plaintiff commenced an action in the District

Court of the State of Nevada, Clark County, styled Stuppy v. Wells Fargo Home Mortgage, Wells

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The filing of this Motion does not waive any of Defendants’ rights or remedies and the Defendants
explicitly preserve all of their rights, claims and defenses.

Case 2:16-cv-02954-JCM-PAL Document 4 (Ex Parte)

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Filed 12/22/16 Page 2 of 4

Fargo Bank, N.A., Clear Recon Corp. (Case No. A-16-747526-C).

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2.

On December 21, 2016, Wells Fargo removed the action to this Court.

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3.

While Wells Fargo disputes whether service was proper, out of an abundance of

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caution, and pursuant to FRCP 81(c), Wells Fargo’s response to the Complaint may be due on

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Wednesday, December 28, 2016.

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4.

There are currently no scheduled hearings in this case. A short extension to file a

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response will not unduly delay the proceedings. There will be no adverse effect or prejudice to

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any of the parties if this Motion is granted.

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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5.

Wells Fargo’s counsel was only recently retained, and has not yet had an

opportunity to review all of the documents necessary to prepare a response.
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Additionally, Wells Fargo’s counsel has a previously planned vacation over the

holidays, and will be out of the country for the remainder of the year.
7.

Wells Fargo has made efforts to stipulate as to an extension of time. Plaintiff has

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filed this action pro se, and did not list a phone number or an email address on the case cover

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sheet of the original action.

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8.

Counsel for Wells Fargo located a phone number for Plaintiff, and left a message

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on Thursday, December 15, 2016, to discuss an extension to respond. Plaintiff did not respond to

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the message.

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8.

On Tuesday, December 20, 2016, counsel for Wells Fargo again attempted to

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telephone Plaintiff to discuss an extension. An automated recording at the number indicated that

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Plaintiff’s voicemail was full, and unable to accept new messages. Counsel for Wells Fargo was

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unable to make live telephone contact with Plaintiff.

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9.

Pursuant to LR 7-5(b), good cause exists as to why this Motion has been submitted

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to the Court without prior notice to Plaintiff. Wells Fargo attempted to discuss an extension with

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Plaintiff, but Wells Fargo does not have an email address or other known phone number for

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Plaintiff.

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10.

Wells Fargo has not previously requested an extension of time from this Court.

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Case 2:16-cv-02954-JCM-PAL Document 4 (Ex Parte)

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Filed 12/22/16 Page 3 of 4

WHEREFORE, Wells Fargo respectfully requests that this Court enter an Order extending

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the time for its response to the Complaint to no sooner than twenty-one (21) days from the

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original due date, or to January 19, 2017.

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Dated: December 22, 2016

SNELL & WILMER L.L.P.

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By: /s/ Tanya N. Peters
Robin E. Perkins, Esq.
Tanya N. Peters, Esq.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, NV 89169
Attorneys for Defendant Wells Fargo Bank, N.A.
(also incorrectly named as Wells Fargo Home
Mortgage)

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

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ORDER

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Based on the foregoing and for good cause, IT IS ORDERED THAT Wells Fargo’s
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deadline to respond to Plaintiff’s complaint is extended to January 19, 2017.
IT IS SO ORDERED.

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DISTRICT COURTMAGISTRATE JUDGE
UNITED STATES JUDGE
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DATED December
, 2016.

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Case 2:16-cv-02954-JCM-PAL Document 4 (Ex Parte)

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Filed 12/22/16 Page 4 of 4

CERTIFICATE OF SERVICE

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I hereby declare under penalty of perjury, that I am over the age of eighteen (18) years,
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and I am not a party to, nor interested in, this action. On this date, I caused to be served a true
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and correct copy of the foregoing DEFENDANT WELLS FARGO BANK, N.A.’s EX PARTE
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MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFF’S COMPLAINT by the
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method indicated below:
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___X____

U.S. Mail

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Federal Express

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U.S. Certified Mail

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Electronic Service

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Facsimile Transmission

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Hand Delivery

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Overnight Mail

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
702.784.5200

and addressed to the following:
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Sheila K. Stuppy
P.O. Box 750725
Las Vegas, Nevada 89136
Plaintiff

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DATED this 22nd day of December, 2016.

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/s/ Nissa Riley
An Employee of Snell & Wilmer L.L.P.

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25401172.1

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