Bank of New York Mellon v. SFR Investments Pool 1, LLC et al

Filing 50

ORDER Granting 49 Stipulation to Extend Time to Reply re: 44 and 46 Motions for Summary Judgment. Responses due by 1/4/2018. Signed by Judge James C. Mahan on 12/21/2017. (Copies have been distributed pursuant to the NEF - MMM)

Case 2:17-cv-00256-JCM-NJK Document 49 Filed 12/21/17 Page 1 of 3

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Michael S. Kelley, Esq.
Nevada Bar No. 10101
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff, The Bank of New York Mellon f/k/a The Bank of New York as successor to
JPMorgan Chase Bank, not individually but solely as trustee for the holders of the Bear Stearns
ALT-A Trust 2004-5, Mortgage Pass-Through Certificates, Series 2004-5

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK AS
SUCCESSOR TO JPMORGAN CHASE
BANK, NOT INDIVIDUALLY BUT SOLELY
AS TRUSTEE FOR THE HOLDERS OF THE
BEAR STEARNS ALT-A TRUST 2004-5,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-5,

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Case No.: 2:17-cv-00256-JCM-NJK
STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE
RESPONSES TO MOTIONS FOR
SUMMARY JUDGMENT
(First Request)

Plaintiff,

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vs.

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SFR INVESTMENTS POOL 1, LLC;
COPPERHEAD RANCH STREET AND
LANDSCAPE MAINTENANCE
CORPORATION,
Defendants.
SFR INVESTMENTS POOL 1, LLC
Counter/Cross-Claimant,
vs.

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THE BANK OF NEW YORK MELLON F/K/A
THE BANK OF NEW YORK AS
SUCCESSOR TO JPMORGAN CHASE
BANK, NOT INDIVIDUALLY BUT SOLELY
AS TRUSTEE FOR THE HOLDERS OF THE

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Case 2:17-cv-00256-JCM-NJK Document 49 Filed 12/21/17 Page 2 of 3

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BEAR STEARNS ALT-A TRUST 2004-5,
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2004-5; SERHIY T.
BUT, an individual; TETYANA A. BUT, an
individual,

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Counter/Cross-Defendants.

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Plaintiff, The Bank of New York Mellon f/k/a The Bank of New York as successor to
JPMorgan Chase Bank, not individually but solely as trustee for the holders of the Bear Stearns
ALT-A Trust 2004-5, Mortgage Pass-Through Certificates, Series 2004-5 (“BONY”),
Defendant/Counter-Claimant, SFR Investments Pool 1, LLC (“SFR”), and Defendant,
Copperhead Ranch Street and Landscape Maintenance Corporation (“Copperhead”) (collectively
the “Parties”), by and through their counsel of record, hereby stipulate and agree as follows:

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On November 30, 2017, BONY and SFR filed and served their Motions for Summary
Judgment [ECF Nos. 44 & 46], while Copperhead filed its Joinder to SFR’s Motion for
Summary Judgment on December 11, 2017 [ECF No. 48].

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The deadline to file and serve responses to BONY’s and SFR’s Motions for Summary
Judgment is currently December 21, 2017.

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The Parties have discussed further extending the deadlines to file their responses. The
parties seek an extension to respond to BONY’s and SFR’s Motion for Summary Judgment
because of the Holidays and because of impending deadlines in other matters.

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This is the first stipulation for extension of time to respond to BONY’s and SFR’s
Motion for Summary Judgment. The extension is requested in good faith and is not for purposes
of delay or prejudice to any other party.
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Case 2:17-cv-00256-JCM-NJK Document 49 Filed 12/21/17 Page 3 of 3

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WHEREFORE, based on the foregoing, IT IS HEREBY STIPULATED AND AGREED

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that the deadline to file responses BONY’s Motion for Summary Judgment [ECF No. 44] and

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SFR’s Motion for Summary Judgment [ECF No. 46] shall be extended to January 4, 2018.

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DATED this 21st day of December, 2017.
WRIGHT, FINLAY & ZAK, LLP

DATED this 21st day of December, 2017.
KIM GILBERT EBRON

/s/ Michael S. Kelley
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Michael S. Kelley, Esq.
Nevada Bar No. 10101
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
Attorneys for Plaintiff, The Bank of New York
Mellon f/k/a The Bank of New York as
successor to JPMorgan Chase Bank, not
individually but solely as trustee for the
holders of the Bear Stearns ALT-A Trust
2004-5, Mortgage Pass-Through Certificates,
Series 2004-5

/s/ Diana S. Ebron
Diana S. Ebron, Esq.
Nevada Bar No. 10580
Jacqueline A. Gilbert, Esq.
Nevada Bar No. 10593
Karen L. Hanks, Esq.
Nevada Bar No. 9578
7625 Dean Martin Drive, Suite 110
Las Vegas, Nevada 89139
Attorneys for Defendant, SFR Investments
Pool 1, LLC

DATED this 21st day of December, 2017.
BOYACK ORME & ANTHONY
/s/ Edward D. Boyack
Edward D. Boyack, Esq.
Nevada Bar No. 005229
Adam J. Breeden, Esq.
Nevada Bar No. 008768
7432 W. Sahara Ave., Suite #101
Las Vegas, NV 89117
Attorneys for Defendant,
Copperhead Ranch Street and
Landscape Maintenance Corp.

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IT IS SO ORDERED.
December 21, _______________, 2017.
DATED this ____ day of 2017.
_________________________________
U.S. MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE

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