Bank of New York Mellon v. Stewart Town Homeowners Association et al

Filing 19

ORDER Granting 18 Stipulation to Extend Time. Eagle Rock Asset Management, LLC answer due 3/23/2017. Signed by Magistrate Judge Peggy A. Leen on 2/22/17. (Copies have been distributed pursuant to the NEF - ADR)

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Case 2:17-cv-00128-GMN-PAL Document 18 Filed 02/21/17 Page 1 of 2 1 4 Zachary P. Takos, Esq., Nevada Bar No. 11293 TAKOS LAW, LTD. 1980 Festival Plaza Drive, Suite 300 Las Vegas, Nevada 89135 Telephone: 702.856.4629 Facsimile: 702.924.4422 Email: zach@takoslaw.com 5 Counsel for Eagle Rock Asset Management, LLC 2 3 6 UNITED STATES DISTRICT COURT 7 8 9 10 11 DISTRICT OF NEVADA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-12, 12 Case No. 2:17-cv-00128 STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT Plaintiff, 13 v. 14 (Second Request) STEWART TOWN HOMEOWNERS ASSOCIATION; EAGLE ROCK ASSET MANAGEMENT, LLC; ABSOLUTE COLLECTION SERVICES, LLC; 15 16 Defendants. 17 18 19 Pursuant to Local Rule IA 6-1 of the United States District Court for the District of 20 Nevada, Defendant Eagle Rock Asset Management, LLC (“Eagle Rock”) and Plaintiff The Bank of 21 New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders of the 22 CWABS, Inc. Asset-Backed Certificates, Series 2005-12 (“BNY Mellon”), by and through their 23 respective undersigned counsel, hereby stipulate as follows: 24 1. BNY Mellon filed its Complaint on or about January 13, 2017; 25 2. Eagle Rock was served with the Complaint on or about January 17, 2017; 26 3. Eagle Rock’s deadline to respond to the Complaint was February 7, 2017; 27 28 1 Case 2:17-cv-00128-GMN-PAL Document 18 Filed 02/21/17 Page 2 of 2 1 4. The parties previously agreed, and the Court ordered, that Eagle Rock’s time to 2 respond to the Complaint be extended until February 21, 2017, to allow time for Eagle Rock to 3 finalize a settlement agreement impacting this case; 4 5 6 7 5. Through no fault of Eagle Rock, the settlement agreement is not yet finalized, but Eagle Rock believes it will be finalized shortly; 6. Accordingly, BNY Mellon and Eagle Rock have agreed that Eagle Rock shall have an additional 30 days to respond to the Complaint, through and including March 23, 2017; 8 7. This is the second such request; 9 8. An additional thirty days for Eagle Rock to answer or otherwise respond to BNY 10 Mellon’s Complaint will not alter the date of any event or deadline already fixed by the Court or 11 prejudice any party; 12 13 14 15 8. Good cause exists to grant the stipulation as the additional thirty days are needed to allow the settlement agreement to be finalized; 8. BNY Mellon and Eagle Rock agree that Eagle Rock shall have up to and including March 23, 2017, to file a responsive pleading to BNY Mellon’s Complaint. 16 IT IS SO STIPULATED. 17 DATED this 21st day of February, 2017. DATED this 21st day of February, 2017. 18 TAKOS LAW, LTD. AKERMAN LLP 21 /s/ Zachary P. Takos Zachary P. Takos, Esq., NV Bar No. 11293 1980 Festival Plaza Drive, Suite 300 Las Vegas, Nevada 89135 22 Counsel for Eagle Rock /s/ Vatana Lay Melanie D. Morgan, Esq., NV Bar No. 8215 Vatana Lay, Esq., NV Bar No. 12993 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 Counsel for BNY Mellon 19 20 23 24 IT IS SO ORDERED. 25 UNITED STATES DISTRICT COURT JUDGE/ UNITED STATES MAGISTRAGE JUDGE 26 DATED: February 22, 2017 27 CASE NO. 2:17-cv-00128 28 2

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