Wilmington Savings Fund Society, FSB v. Saticoy Bay LLC Series 9338 Wilderness Glen Avenue et al

Filing 103

ORDER Granting 102 Stipulation for Extension of Time (First Request) re 99 Order, re 70 Order on Motion to Reconsideration. Supplement due by 2/2/2022. Replies due by 2/9/2022. Signed by Judge James C. Mahan on 1/10/2022. (Copies have been distributed pursuant to the NEF - YAW)

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Case 2:17-cv-01775-JCM-BNW Document 103 Filed 01/10/22 Page 1 of 3 1 2 3 4 5 6 WRIGHT, FINLAY & ZAK, LLP Robert Riether Esq. Nevada Bar No. 12076 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 (702) 475-7964; Fax: (702) 946-1345 rriether@wrightlegal.net Attorneys for Plaintiff/Counter-Defendant, Wilmington Savings Fund Society, FSB, as Trustee for Stanwich Mortgage Loan Trust A UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 10 WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST A, 11 12 13 14 15 Case No.: 2:17-cv-01775-JCM-BNW STIPULATION AND ORDER TO EXTEND TIME TO FILE SUPPLEMENT TO PLAINTIFF’S MOTION FOR RECONSIDERATION Plaintiff, vs. SATICOY BAY LLC SERIES 9338 WILDERNESS GLEN AVENUE; YELLOWSTONE HOMEOWNERS ASSOCIATION, Defendants. 16 17 18 SATICOY BAY LLC SERIES 9338 WILDERNESS GLEN AVENUE, 19 20 21 22 Counterclaimant, vs. WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST A, 23 24 25 Counter-Defendant. Plaintiff/Counter-Defendant, Wilmington Savings Fund Society, FSB, as Trustee for 26 27 28 Stanwich Mortgage Loan Trust A (“Wilmington”) and Defendant/Counterclaimant Saticoy Bay LLC Series 9338 Wilderness Glen Avenue (“Saticoy”) (collectively, the “Parties”), by and through Page 1 of 3 Case 2:17-cv-01775-JCM-BNW Document 103 Filed 01/10/22 Page 2 of 3 1 2 their counsel of record, by and through their respective attorneys of records, hereby agree and stipulate as follows. 3 1. Wilmington filed a Motion for Reconsideration of Order Denying its Motion for 4 Summary Judgment & Granting Saticoy Bay’s Motion for Summary Judgment (ECF 5 48) [ECF No. 59] (“Motion”) on August 23, 2019; 6 2. After full briefing, this Court filed its Order Granting Wilmington’s Motion [ECF 70] 7 on February 5, 2020; 8 9 3. Saticoy filed its Notice of Appeal [ECF 87] on April 20, 2020; 10 4. The Ninth Circuit Court of Appeals vacated and remanded this case [ECF 95] on 11 November 17, 2021; 12 5. This Court filed its Order setting the supplemental briefing schedule regarding 13 14 Wilmington’s Motion [ECF 99] (“Order”) on December 29, 2021; 15 6. The Order set Wilmington’s deadline to file its supplement to its Motion as January 12, 16 2022, with Saticoy’s reply due within seven days thereafter; 17 7. Wilmington is requesting an extension until February 2, 2021 to file it supplement 18 to its Motion with Saticoy’s reply due within seven days thereafter; 19 20 8. This extension is requested based on the recently completed the holiday season and the 21 fact that the previous handling attorney, Aaron D. Lancaster, Esq., is no longer with 22 Plaintiff’s counsel (ECF No. 100); 23 9. Additionally, counsel for Saticoy has contracted COVID-19, which has caused 24 additional related delays. 25 26 27 10. Counsel for Saticoy does not oppose the extension; // 28 Page 2 of 3 Case 2:17-cv-01775-JCM-BNW Document 103 Filed 01/10/22 Page 3 of 3 1 11. This is the first request for an extension which is made in good faith and not for 2 purposes of delay. 3 IT IS SO STIPULATED. 4 5 6 DATED this 7th day of January, 2022. DATED this 7th day of January, 2022. WRIGHT, FINLAY & ZAK, LLP LAW OFFICES OF MICHAEL F. BOHN, ESQ., LTD. /s/ Robert A. Riether Robert Riether Esq. Nevada Bar No. 12076 Attorneys for Plaintiff/Counter-Defendant, HSBC Bank USA National Association, as Trustee, in Trust for the Registered Holders of ACE Securities Corp., Home Equity Loan Trust, Series 2006-FM2, Asset Backed Pass-Through Certificates /s/ Michael F. Bohn__ ______________ Michael F. Bohn, Esq. Nevada Bar No. 1641 Attorneys for Defendant/Counterclaimant Saticoy Bay LLC Series 9338 Wilderness Glen Avenue 7 8 9 10 11 12 13 14 15 16 ORDER 17 18 IT IS SO ORDERED. 19 Dated January 10,day of _____________, 2022. this _____ 2022. 20 21 22 ________________________________________ UNITED STATES DISTRICT COURT JUDGE 23 24 25 26 27 28 Page 3 of 3

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