Bank of New York Mellon v. 4655 Gracemont Avenue Trust et al

Filing 62

ORDER Granting 59 Stipulation to Extend Time Re: 48 and 52 Motions for Summary Judgment. See Order for deadlines. Signed by Judge Jennifer A. Dorsey on 1/11/2019. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 5 6 7 8 WRIGHT, FINLAY & ZAK, LLP R. Samuel Ehlers, Esq. Nevada Bar No. 9313 Aaron D. Lancaster, Esq. Nevada Bar No. 10115 7785 W. Sahara Ave., Suite 200 Las Vegas, Nevada 89117 (702) 475-7964; Fax: (702) 946-1345 alancaster@wrightlegal.net Attorney for Plaintiff/Counter-Defendant, The Bank of New York Mellon fka The Bank of New York, As Trustee For The Certificateholders of the CWALT, Inc., Alternative Loan Trust 2006OC11 Mortgage Pass-Through Certificates, Series 2006-OC11 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 12 13 14 15 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2006-OC11 MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006OC11; Case No.: 2:17-cv-00063-JAD-PAL THE BANK OF NEW YORK MELLON’S STIPULATION AND ORDER EXTENDING DEADLINES Plaintiff, 16 vs. 17 18 19 20 21 22 4655 GRACEMONT AVENUE TRUST, an unknown entity; BLUE DIAMOND RANCH LANDSCAPE MAINTENANCE ASSOCIATION, a Nevada non-profit corporation; Defendants. AND RELATED CLAIMS 23 24 The Bank Of New York Mellon Fka The Bank Of New York, As Trustee For The 25 Certificateholders Of The CWALT, Inc., Alternative Loan Trust 2006-OC11 Mortgage Pass- 26 Through Certificates, Series 2006-OC11 (“BONY” or “Plaintiff”), Defendant Blue Diamond 27 Ranch Landscape Maintenance Association (the “Association”), and Defendant Kenneth 28 Berberich, as Trustee of 4655 Gracemont Avenue Trust (“Buyer”) (collectively, the “Parties”), Page 1 of 3 1 2 3 4 5 by and through their respective counsel stipulate and agree as follows: 1. 4655 Gracemont Avenue Trust filed its Response to BONY’s Motion for Summary Judgment in the above case on December 21, 2018, [ECF 51]. 2. 4655 Gracemont Avenue Trust filed its Countermotion for Summary Judgment in the above case on December 21, 2018, [ECF 52]. 6 3. BONY’s Reply to the Response is due January 4, 2019 7 4. BONY’s Response to Countermotion for Summary Judgment is due January 11, 2019. 8 5. The parties have agreed to extend the deadlines for BONY to file its Reply and 9 Response on January 11, 2019. 10 6. Plaintiff’s counsel requests this extension due to fact that the majority if not all of 11 issues to be addressed in Plaintiff’s Reply to Buyer’s Response to BONY’s Motion for 12 Summary Judgment [ECF 51] and Plaintiff’s Response to Countermotion for Summary 13 Judgment [ECF No. 52] will be identical. Therefore, to reduce duplicative filings Plaintiff’s 14 counsel requests this extension. 15 7. Further, Plaintiff’s counsel was out of the office for the holidays for the majority of 16 the dates since the filing of the Buyer’s Response to BONY’s Motion for Summary Judgment 17 [ECF No. 51] and Countermotion [ECF No.52]. 18 IT IS SO ORDERED this 11th day January, 2019. IT IS SO ORDEREDthis ___ day of of January, 2019. 19 20 21 _________________________________________ U.S. DISTRICT COURT JUDGE 22 23 24 25 26 27 28 Page 2 of 3 Stipulation and Order Extending Briefing 2:17-CV-00063 1 2 Agreed to by: 3 4 5 6 7 8 AYON LAW, PLLC /s/__Luis A. Ayon______________ Luis A. Ayon, Esq. Nevada Bar No. 9752 8716 Spanish Ridge Avenue, #115 Las Vegas, NV 89148 Attorneys for Kenneth Berberich, as Trustee of 4655 Gracemont Avenue Trust 9 10 Wright Finlay & Zak, LLP 11 12 13 14 15 /s/ Aaron D. Lancaster Aaron D. Lancaster, Esq. Nevada Bar No. 10115 7785 W. Sahara Avenue, #200 Las Vegas, NV 89117 Attorneys for The Bank of New York Mellon 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 3 of 3

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