Bank of New York Mellon v. Yorkshire Manor Association et al

Filing 17

ORDER Granting 16 Stipulation to Extend Time. Yorkshire Manor Association answer due 8/25/2017. Signed by Magistrate Judge Cam Ferenbach on 7/28/17. (Copies have been distributed pursuant to the NEF - ADR)

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GAYLE A. KERN, ESQ.
Nevada Bar No. 1620
KAREN M. AYARBE, ESQ.
Nevada Bar No. 3358
KERN & ASSOCIATES, LTD.
5421 Kietzke Lane, Ste. 200
Reno, Nevada 89511
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant Yorkshire Manor Association

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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 OF
CWABS
INC
ASSET-BACKED
CERTIFICATES, SERIES 2005-16,

Case No.: 2:17-CV-01145-RFB-VCF

STIPULATION AND ORDER TO
EXTEND
DEADLINE
FOR
YORKSHIRE
MANOR
ASSOCIATION TO ANSWER OR
OTHERWISE
RESPOND
TO
COMPLAINT

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Plaintiff,
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v.

[Third Request]

YORKSHIRE MANOR ASSOCIATION; a
Nevada Domestic Non Profit Corporation,
ALYSSE V. CAMPAIGNE, an individual,
JEFFREY B. CAMPAIGNE, an individual,
DOE INDIVIDUALS 1-X and ROE
CORPORATIONS X-XX;
Defendants.
______________________________________/

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IT IS HEREBY STIPULATED between Plaintiff, The Bank of New York Mellon fka The

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Bank of New York, as Trustee for the Certificateholders of CWABS Inc. Asset-Backed

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Certificates, Series 2005-16 (“Plaintiff”), by and through its counsel, McCarthy & Holthus, LLP,

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and Defendant, Yorkshire Manor Association (the “Association”), by and through its counsel Kern
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& Associates, Ltd., to extend the deadline for the Association to answer or otherwise respond to

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Plaintiff’s Complaint up-to-and-including August 25, 2017.

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Pursuant to the prior Stipulation and Order to Extend Deadline for Yorkshire Manor
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Association to Answer or Otherwise Respond to Complaint (Second Request) filed June 22, 2017

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(Doc. No. 14), the current deadline for the Association to file its answer or otherwise respond to

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the Complaint is July 26, 2017. Plaintiff and the Association (collectively referred to as the

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“Parties”) again stipulate and agree to extend the deadline for the Association to answer or

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otherwise respond to the Complaint up-to-and-including August 25, 2017.
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Undersigned counsel for the Association has been attempting to obtain authorization to

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proceed with settlement negotiations with Plaintiff’s counsel. Due to the summer vacation season,

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the corresponding unavailability of various board members (who are actually unit owners with

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different schedules, serving on a voluntary board), and the legal requirements which must be met

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to obtain board authorization from a corporate client, undersigned Association counsel has been
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unable to obtain the necessary authority. It is anticipated that the Association’s counsel will be

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able to obtain the necessary authority and proceed with substantive discussions within the next

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week to ten days.

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In the continued interest of conserving the time and resources of this Court as well as the

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Parties hereto, the Parties have once again agreed and stipulated that the Association may have an
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additional thirty (30) days to answer or otherwise respond in order for counsel to determine

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whether this matter can be resolved. Therefore, good cause exists for the extension.

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///

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///

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This is the third request for an extension of time with respect to this matter, and this request
is not intended to cause delay or prejudice to any party.
DATED this 25th day of July, 2017.

DATED this 25th day of July, 2017.

KERN & ASSOCIATES, LTD.

MCCARTHY & HOLTHUS, LLP

_/s/ Karen M. Ayarbe, Esq. _
KAREN M. AYARBE, ESQ.
Nevada Bar No. 3358
5421 Kietzke Lane, Ste. 200
Reno, NV 89511
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
Yorkshire Manor Association

/s/ Thomas N. Beckom, Esq._____
Thomas N. Beckom, Esq.
Nevada Bar No. 12554
9510 West Sahara Avenue, Ste. 200
Las Vegas, NV 89117
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff
The Bank of New York Mellon

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ORDER

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IT IS SO ORDERED.

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28th
DATED this ____ day of July, 2017.

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__________________________________
UNITED STATES MAGISTRATE JUDGE

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Respectfully Submitted By:
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_/s/ Karen M. Ayarbe, Esq. _______
KAREN M. AYARBE, ESQ.
Attorneys for Defendant
Yorkshire Manor Association

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CERTIFICATE OF SERVICE
Pursuant to the Fed. R. Civ. Proc. 5(b) and the United States District Court CM/ECF

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Electronic Filing Procedure IV(B), a true and correct copy of the foregoing STIPULATION AND
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ORDER TO EXTEND DEADLINE FOR YORKSHIRE MANOR ASSOCIATION TO FILE

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ITS RESPONSIVE PLEADING (Third Request) was transmitted electronically through the

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Court’s e-filing electronic system to the attorney(s) associated with this case.

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THOMAS BECKOM

[e-mail]

KRISTIN A SCHULER-HINTZ

[e-mail]

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_/s/ Christine A. Lamia_
_______
An Employee of Kern & Associates, Ltd.

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