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

Filing 21

ORDER Granting 20 Stipulation for Extension of Time re 1 Complaint (Fourth Request). Yorkshire Manor Association answer due 9/25/2017. Signed by Magistrate Judge Cam Ferenbach on 8/30/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 5 6 7 8 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: (775) 324-5930 Fax: (775) 324-6173 Email: gaylekern@kernltd.com Email: karenayarbe@kernltd.com Attorneys for Defendant Yorkshire Manor Association 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 13 14 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, 17 18 19 20 STIPULATION AND ORDER TO EXTEND DEADLINE FOR YORKSHIRE MANOR ASSOCIATION TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT Plaintiff, 15 16 Case No.: 2:17-CV-01145-RFB-VCF v. 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; [Fourth Request] 21 22 23 Defendants. ______________________________________/ IT IS HEREBY STIPULATED between Plaintiff, The Bank of New York Mellon fka The 24 Bank of New York, as Trustee for the Certificateholders of CWABS Inc. Asset-Backed 25 26 27 Certificates, Series 2005-16 (“Plaintiff”), by and through its counsel, McCarthy & Holthus, LLP, and Defendant, Yorkshire Manor Association (the “Association”), by and through its counsel Kern 28 1 1 & Associates, Ltd., to extend the deadline for the Association to answer or otherwise respond to 2 Plaintiff’s Complaint up-to-and-including September 25, 2017. 3 Pursuant to the prior Stipulation and Order to Extend (“SAO to Extend”) Deadline for 4 5 Yorkshire Manor Association to Answer or Otherwise Respond to Complaint (Third Request) filed 6 July 25, 2017 (ECF #16), the current deadline for the Association to file its answer or otherwise 7 respond to the Complaint is August 25, 2017. Plaintiff and the Association (collectively referred 8 to as the “Parties”) again stipulate and agree to extend the deadline for the Association to answer 9 or otherwise respond to the Complaint up-to-and-including September 25, 2017. 10 The Parties have been in settlement negotiations and anticipated being able to file a notice 11 12 of pending settlement with the Court last week. However, undersigned counsel for Plaintiff has 13 been attempting to obtain authorization to proceed with settlement negotiations with the 14 Association’s counsel. The undersigned apologize for the tardiness of this filing, but assure the 15 Court that either a notice of pending settlement or responsive pleading will be placed on file prior 16 17 to the September 25, 2017 deadline contained herein. 18 In the continued interest of conserving the time and resources of this Court as well as the 19 Parties hereto, the Parties once again agree and stipulate that the Association may have an 20 additional thirty (30) days in which to answer or otherwise respond in order for counsel to 21 determine if this matter can be resolved. 22 23 /// 24 /// 25 /// 26 /// 27 /// 28 2 1 2 3 This is the Parties’ fourth 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 28th day of August, 2017. DATED this 29th day of August, 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: (775) 324-5930 Fax: (775) 324-6173 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: (702) 685-0329 Fax: (866) 339-5691 Attorneys for Plaintiff The Bank of New York Mellon 4 5 6 7 8 9 10 11 12 13 14 ORDER 15 IT IS SO ORDERED. 16 17 30th DATED this _____ day of August, 2017. 18 __________________________________ UNITED STATES MAGISTRATE JUDGE 19 20 21 Respectfully Submitted By: 22 23 24 _/s/ Karen M. Ayarbe, Esq. _______ KAREN M. AYARBE, ESQ. Attorneys for Defendant Yorkshire Manor Association 25 26 27 28 3 1 2 CERTIFICATE OF SERVICE Pursuant to the Fed. R. Civ. Proc. 5(b) and the United States District Court CM/ECF 3 Electronic Filing Procedure IV(B), a true and correct copy of the foregoing STIPULATION AND 4 5 ORDER TO EXTEND DEADLINE FOR YORKSHIRE MANOR ASSOCIATION TO FILE 6 ITS RESPONSIVE PLEADING (Fourth Request) was transmitted electronically through the 7 Court’s e-filing electronic system to the attorney(s) associated with this case. 8 9 10 THOMAS BECKOM tbeckom@mccarthyholthus.com KRISTIN A SCHULER-HINTZ FDCNV@mccarthyholthus.com 11 12 13 _/s/ Christine A. Lamia_ _______ An Employee of Kern & Associates, Ltd. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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