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)

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: [phone]
Facsimile: 702.924.4422
Email: [e-mail]

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