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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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,

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

Plaintiff,

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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]

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Defendants.
______________________________________/
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,
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 September 25, 2017.

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Pursuant to the prior Stipulation and Order to Extend (“SAO to Extend”) Deadline for
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Yorkshire Manor Association to Answer or Otherwise Respond to Complaint (Third Request) filed

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July 25, 2017 (ECF #16), the current deadline for the Association to file its answer or otherwise

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respond to the Complaint is August 25, 2017. Plaintiff and the Association (collectively referred

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

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or otherwise respond to the Complaint up-to-and-including September 25, 2017.
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The Parties have been in settlement negotiations and anticipated being able to file a notice

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of pending settlement with the Court last week. However, undersigned counsel for Plaintiff has

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been attempting to obtain authorization to proceed with settlement negotiations with the

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Association’s counsel. The undersigned apologize for the tardiness of this filing, but assure the

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Court that either a notice of pending settlement or responsive pleading will be placed on file prior
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to the September 25, 2017 deadline contained herein.

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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 once again agree and stipulate that the Association may have an

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additional thirty (30) days in which to answer or otherwise respond in order for counsel to

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determine if this matter can be resolved.
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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: [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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30th
DATED this _____ day of August, 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 (Fourth 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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