U.S. Bank, National Association v. Canyon Trails Homeowners Association et al

Filing 29

ORDER Denying as moot 25 Amended Stipulation for Extension of Time re 1 Complaint. Signed by Magistrate Judge Nancy J. Koppe on 7/13/2017. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:17-cv-01239-JCM-NJK Document 25 Filed 07/12/17 Page 1 of 4

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LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C.
J. WILLIAM EBERT, ESQ.
Nevada Bar No. 2697
DAVID MARKMAN, ESQ.
Nevada Bar No. 12440
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
[phone] - Telephone
[phone] – Facsimile
[e-mail]
[e-mail]

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Attorneys for Defendant Antelope Homeowners’ Association

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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9900 Covington Cross Drive

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U.S. BANK, NATIONAL ASSOCIATION, AS
SUCCESSOR TRUSTEE TO WACHOVIA
BANK, NATIONAL ASOCIATION, AS
TRUSTEE FOR THE HOLDERS OF GSAA
2005-14 TRUST FUND;

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Plaintiff,

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v.

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CANYON TRAILS HOMEOWNERS
ASSOCIATION; TERRA WEST
COLLECTIONS GROUP LLC d/b/a
ASSESSMENT MANAGEMENT
SERVICES; and VEGAS PROPERTY
SERVICES INC., DOE INDIVIDUALS I-X,
inclusive, and ROE CORPORATIONS I-X,
inclusive,

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CASE NO.: 2:17-cv-01239-JCM-NJK

AMENDED STIPULATION AND ORDER
TO EXTEND CANYON TRAILS
HOMEOWNERS ASSOCIATION’S
RESPONSE TO U.S. BANK, N.A.’s
COMPLAINT
(1st Request)

Defendants.

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Defendant CANYON TRAILS HOMEOWNERS ASSOCIATION (“HOA”) and

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Plaintiff U.S. BANK, N.A., by and through their respective counsel, hereby agree and

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stipulate as follows:

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IT IS HEREBY AGREED AND STIPULATED, that the deadline for Defendant

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HOA to Respond to Plaintiff U.S. BANK, N.A.’s Complaint shall be extended to July 13,

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2017. HOA’s Response was originally due on May 25, 2016. However, HOA’s counsel
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Case 2:17-cv-01239-JCM-NJK Document 25 Filed 07/12/17 Page 2 of 4

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was just recently retained, and due to the overall increase in HOA litigation, counsel

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requests more time to evaluate the complaint. The parties respectfully submit that

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excusable neglect is shown in requesting this extension, as follows:

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1. Counsel for the HOA did not receive a copy of the summons and
complaint herein until approximately June 26, 2017, when it was
provided by the HOA’s insurance carrier.
2. Counsel for the HOA is unaware of the circumstances that led to this
delay.
3. Counsel for the HOA is informed and believes that the HOA’s
insurance carrier itself did not receive a copy of the summons and
complaint until after the due date for the response to the complaint had
passed.

9900 Covington Cross Drive

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The parties hereby stipulate to extend the time to respond as a courtesy given

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the circumstances. This request is made in good faith and not for purposes of delay.

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DATED this

12th

day July, 2017.

LIPSON, NEILSON, COLE, SELTZER &

AKERMAN, LLP

GARIN, P.C.

/s/ J. William Ebert
By:___________________________
J. William Ebert, Esq. (Bar No. 2697)
David A. Markman, Esq. (Bar No. 12440)
9900 Covington Cross Dr., Suite 120
Las Vegas, NV 89144
[phone]

/s/ Vatana Lay
By:_______________________
Melanie Morgan, Esq. (Bar No. 8215)
Vatana Lay, Esq. (Bar No. 12993)
1160 Town Center Drive, Suite 330
Las Vegas, NV 89144
[phone]

Attorneys for Defendant Canyon Trails HOA

Attorneys for Plaintiff U.S. Bank, N.A.

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Case 2:17-cv-01239-JCM-NJK Document 25 Filed 07/12/17 Page 3 of 4

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ORDER
DENIED as moot. See Docket
No. 26.

IT IS SO ORDERED.
13th
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/ J. William Ebert
By:__________________________________
J. WILLIAM EBERT, ESQ.
Nevada Bar No. 2697
DAVID A. MARKMAN, ESQ.
Nevada Bar No. 12440
9900 Covington Cross Drive, Suite 120
Las Vegas, NV 89144

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Attorneys for Defendant Canyon Trails Homeowners Association

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9900 Covington Cross Drive

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