Deutsche Bank National Trust Company v. SFR Investments Pool 1, LLC

Filing 53

ORDER Granting 49 Stipulation to Extend Time to File Reply re 41 MOTION for Summary Judgment and 44 MOTION for Relief re 41 Motion for Summary Judgment. ( Replies due by 10/23/2017.) Signed by Judge Jennifer A. Dorsey on 10/18/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:17-cv-00043-JAD-NJK Document 49 Filed 10/17/17 Page 1 of 4

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff, Deutsche Bank National Trust Company, as Trustee for EquiFirst
Mortgage Loan Trust 2004-3, Asset-Backed Certificates, Series 2004-3
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR EQUIFIRST
MORTGAGE LOAN TRUST 2004-3, ASSETBACKED CERTIFICATES, SERIES 2004-3,

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Plaintiff,

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STIPULATION TO EXTEND TIME TO
FILE PLAINTIFF’S REPLIES IN
SUPPORT OF MOTION FOR
SUMMARY JUDGMENT

vs.
SFR INVESTMENTS POOL I, LLC;
EXECUTIVE ESTATES HOMEOWNERS’
ASSOCIATION, INC.; NEVADA
ASSOCIATION SERVICES, INC.,

[SECOND REQUEST]

ORDER

Defendant.

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Case No.: 2:17-cv-00043-JAD-NJK

SFR INVESTMENTS POOL I, LLC,
Counter/Cross Claimant,
vs.
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR EQUIFIRST
MORTGAGE LOAN TRUST 2004-3, ASSETBACKED CERTIFICATES, SERIES 2004-3;
DAVID G. RISDON, an individual, HILARY
L. RISDON, an individual,
Counter/Cross Defendants.

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Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR

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EQUIFIRST MORTGAGE LOAN TRUST 2004-3, ASSET-BACKED CERTIFICATES,

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SERIES 2004-3 (“Plaintiff”), by and through its attorneys Dana Jonathon Nitz, Esq. and

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Case 2:17-cv-00043-JAD-NJK Document 49 Filed 10/17/17 Page 2 of 4

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Yanxiong Li, Esq. of the law firm of Wright Finlay & Zak, LLP; Defendant, SFR

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INVESTMENTS POOL I, LLC (“SFR”) by and through its attorney, Diana C. Ebron, Esq. of the

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law firm of Kim Gilbert Ebron; and Defendant, EXECUTIVE ESTATES HOMEOWNERS’

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ASSOCIATION, INC. (“HOA”) by and through its attorney, Matthew Sarnoski, Esq. of the law

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firm of Dennett & Winspear, jointly submits this request for an extension of time, up to and

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including October 23, 2017, for Plaintiff to file its (1) Reply to SFR’s opposition to Motion for

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Summary Judgment and HOA’s Joinder thereto [ECF No. 43 and 45]; (2) Opposition to SFR’s

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Countermotion for 56(d) Relief and HOA’s Joinder thereto [ECF No. 44 and 46]; and (3) Reply

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to HOA’s opposition to Motion for Summary Judgment [ECF No. 42]:

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STIPULATION
1.

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Plaintiff filed its First Amended Complaint in this action on March 9, 2017 [ECF

2.

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Plaintiff filed its Motion for Summary Judgment (“MSJ”) on September 11, 2017

No. 6].

(“Motion”) [ECF No. 41].
3.

On October 2, 2017, Defendant, Executive Estates Homeowners’ Association,

Inc. (“HOA”) filed an opposition to Plaintiff’s MSJ [ECF No. 42].
4.

On October 2, 2017, Defendant, SFR Investments Pool 1, LLC (“SFR”) also filed

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an opposition to Plaintiff’s MSJ [ECF No. 43] and a Countermotion for 56(d) Relief

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(“Countermotion”) [ECF No. 44].

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5.

Plaintiff’s Replies (to the above oppositions filed by SFR and HOA) in support of

its MSJ and Opposition to SFR’s Countermotion was originally due on October 16, 2017.
6.

As a result of technical issues with computer servers that prevent Plaintiff’s

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counsel from accessing the draft Replies and Opposition briefs for filing, on October 16, 2017,

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Plaintiff’s counsel reached out and obtained consent from both counsels for SFR and for HOA to

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allow Plaintiff up to and including October 17, 2017 to file its briefs.

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7.

A Stipulation was filed on October 16, 2017 as to parties’ first request for

extension, which this Court granted on October 17, 2017 [ECF No. 48].

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Case 2:17-cv-00043-JAD-NJK Document 49 Filed 10/17/17 Page 3 of 4

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8.

Contrary to belief of Plaintiff’s counsel, the technical issues persisted and remain

unresolved at the time the undersigned parties entered into this Stipulation.

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9.

Therefore, the undersigned parties agree that Plaintiff may have a further

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extension up to and including October 23, 2017 to file its (1) Reply to SFR’s opposition to

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Motion for Summary Judgment and HOA’s Joinder thereto [ECF No. 43 and 45]; (2) Opposition

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to SFR’s Countermotion for 56(d) Relief and HOA’s Joinder thereto [ECF No. 44 and 46]; and

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(3) Reply to HOA’s opposition to Motion for Summary Judgment [ECF No. 42].

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Case 2:17-cv-00043-JAD-NJK Document 49 Filed 10/17/17 Page 4 of 4

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10.

This is the parties’ second request for an extension and is not intended to cause

any delay or prejudice to any party to this action.
IT IS SO STIPULATED.

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WRIGHT, FINLAY & ZAK, LLP

KIM GILBERT EBRON

/s/ Yanxiong Li, Esq.__________
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Yanxiong Li, Esq.
Nevada Bar No. 12807
7785 W. Sahara Avenue, Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff, Deutsche Bank
National Trust Company, as Trustee for
EquiFirst Mortgage Loan Trust 2004-3,
Asset-Backed Certificates, Series 2004-3

/s/ Diana Ebron, Esq._________
Diana Ebron, Esq.
Nevada Bar No. 10580
7625 Dean Martin Drive, Suite 110
Las Vegas, NV 89139-5974
Attorney for Defendant, SFR Investments
Pool I, LLC

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WRIGHT, FINLAY & ZAK, LLP

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/s/ Matthew A. Sarnoski, Esq.__
Matthew A. Sarnoski, Esq.
Nevada Bar No. 9176
3301 N. Buffalo Dr.
Las Vegas, NV 89129
Attorneys for Defendant, Executive Estates
Homeowners Association, Inc.

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ORDER
IT IS SO ORDERED.

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_____________________________________
UNITED STATES DISTRICT JUDGE
10/18/2017
DATED: _____________________________

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