Bank of New York Mellon v. Granite Crest Homeowners Association et al

Filing 45

ORDER Granting 44 Stipulation for Extension of Time re 43 Order (Fourth Request). Signed by Judge Jennifer A. Dorsey on 6/16/2020. (Copies have been distributed pursuant to the NEF - MR)

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NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
NICHOLAS E. BELAY, ESQ.
Nevada Bar No. 15175
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for The Bank of New York Mellon fka
The Bank of New York as Trustee for the
Certificateholders CWMBS, Inc., CHL Mortgage
Pass-Through Trust 2005-HYB10 Mortgage PassThrough Certificates, Series 2005-HYB10

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS CWMBS,
INC., CHL MORTGAGE PASS-THROUGH
TRUST 2005-HYB10 MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005HYB10,

Case No.: 2:17-cv-00365-JAD-NJK
STIPULATION FOR EXTENSION OF
TIME TO FILE DISMISSAL
DOCUMENTS
(Fourth Request)

Plaintiff,

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v.

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GRANITE
CREST
HOMEOWNERS
ASSOCIATION; NEVADA ASSOCIATION
SERVICES, INC.; DOE INDIVIDUALS I-X,
inclusive, and ROE CORPORATIONS I-X,
inclusive,

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ORDER

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Defendants.

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The Bank of New York Mellon fka The Bank of New York as Trustee for the

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Certificateholders CWMBS, Inc., CHL Mortgage Pass-Through Trust 2005-HYB10 Mortgage Pass-

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Through Certificates, Series 2005-HYB10 (BoNYM), and Granite Crest Homeowners Association

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(Granite Crest), by and through their undersigned counsel of record, hereby stipulate as follows:

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53514327;1

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1.

The parties reached a settlement as indicated by the notice of settlement filed on

January 9, 2020. (ECF No. 34).

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2.

BoNYM filed a status report regarding settlement on February 14, 2020.

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3.

The parties filed a stipulation to extend the time to file dismissal documents on March

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16, 2020. The parties filed a second stipulation to extend the time to file dismissal documents on

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April 15, 2020, noting that the parties were working to make mutually acceptable revisions to the

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draft settlement agreement, and Granite Crest was reviewing the most recently revised agreement.

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4.

The parties filed a third stipulation to extend time to file dismissal documents on May

AKERMAN LLP

15, 2020, noting the parties had made progress finalizing the language of the draft settlement

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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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agreement. However, due to delays caused by COVID-19, the parties were unable to execute the

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final agreement prior to the current dismissal deadline.

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5.

Since the previous status update, the parties have reached an agreement as to the final

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language in the settlement agreement. Granite Crest has executed the agreement, and it is now

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pending before BoNYM for final review and execution. Once the agreement is fully executed, the

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parties will be able to complete a condition precedent to dismissal under the settlement terms.

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6.

The parties anticipate the appropriate settlement documents will be finalized within

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the next few weeks, at which time the parties intend to submit a stipulation to dismiss as soon as

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possible. The parties respectfully request the court extend the deadline to file dismissal papers by an

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additional thirty days so that the parties may resolve the remaining matters and prepare dismissal

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documents.

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53514327;1

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7.

This is the parties fourth request for an extension to this deadline and is not intended

to cause any delay or prejudice to any party.
DATED this 15th day of June, 2020.

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AKERMAN LLP

RANALLI ZANIEL FOWLER & MORAN, LLC

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/s/ Nicholas E. Belay, Esq._____________
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
NICHOLAS E. BELAY, ESQ.
Nevada Bar No. 15175
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134

/s/ Jason A. Fowler, Esq.
JASON A. FOWLER, ESQ.
Nevada Bar No. 8071
2400 W. Horizon Ridge Parkway
Henderson, NV 89052

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Attorneys for Granite Crest Homeowners
Association

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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Attorneys for The Bank of New York Mellon

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ORDER

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IT IS SO ORDERED.

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__________________________________
UNITED STATES DISTRICT JUDGE
Case No. 2:17-cv-00365-JAD-NJK

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6/16/2020
DATED: __________________________

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