Bank Of New York Mellon v. Barrett et al

Filing 32

ORDER approving ECF No. 31 Stipulation. Re ECF No. 19 Motion for Summary Judgment and ECF No. 20 Motion to Dismiss, Driftwood Trust's replies due by 9/16/2019. Re ECF No. 30 Counter Motion to Amend Complaint, Driftwood Trust's response due by 9/16/2019. Signed by Judge Miranda M. Du on 8/22/2019. (Copies have been distributed pursuant to the NEF - KR)

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ROGER P. CROTEAU, ESQ.
Nevada Bar No. 4958
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
ROGER P. CROTEAU & ASSOCIATES, LTD.
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
[phone] (facsimile)
[e-mail]
Attorney for Defendant
2298 DRIFTWOOD TIDE TRUST

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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THE BANK OF NEW YORK MELON fka
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
CWALT, INC., ALTERNATIVE LOAN
TRUST 2005-58, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 200558, a New York corporation,

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Plaintiff,

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vs.

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ESTATE OF WILLIAM BARRETT; an
individual; 2298 DRIFTWOOD TIDE TRUST,
a Nevada trust; DOES I-X, inclusive; and ROE
CORPORATIONS I-X, inclusive,

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Defendants.
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Case No. 2:17-cv-01809-MMD-BNW

STIPULATION AND ORDER TO EXTEND TIME TO (1) REPLY TO
OPPOSITION TO MOTION FOR SUMMARY JUDGMENT AND
(2) RESPOND TO COUNTERMOTION TO AMEND COMPLAINT
(First Request)

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COMES NOW Plaintiff, THE BANK OF NEW YORK MELLON (“BONY”), and
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Defendant, 2298 DRIFTWOOD TIDE TRUST (“Driftwood Trust”), by and through their
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undersigned counsel, and hereby stipulate and agree as follows:
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1.

On July 19, 2019, Driftwood Trust filed a Motion to Dismiss or, Alternatively,

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2298 Driftwood Tide

Motion for Summary Judgment herein. [ECF #19, 20].

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2.

Countermotion to Amend its Complaint. [ECF #29, 30].

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3.

Driftwood Trust’s Reply to BONY’s Opposition and Response to the
Countermotion to Amend Complaint are both presently due on August 30, 2019.

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On August 16, 2019, BONY filed an Opposition to said Motions, together with a

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As a result of numerous other pending work and personal obligations, including

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appellate briefs and motion practice in other cases, Driftwood Trust’s counsel has

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requested an extension of time in which to file its Reply and Response.

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5.

Driftwood Trust shall be granted an extension of time in which to file its Reply to

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BONY’s Opposition and Response to the Countermotion to Amend Complaint

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until and including September 16, 2019.

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6.

This Stipulation is made in good faith and not for purpose of delay.

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Dated this

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ROGER P. CROTEAU &
ASSOCIATES, LTD.

AKERMAN, LLP

/s/ Timothy E. Rhoda
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
[phone]
[e-mail]
Attorney for Defendant
2298 Driftwood Tide Trust

/s/ Jamie K. Combs
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
[phone]
[e-mail]
Attorney for Plaintiff
Bank of New York Mellon

22nd

day of August, 2019.

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IT IS SO ORDERED.
By:
Judge, U.S. District Court
Dated: August 22, 2019

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2298 Driftwood Tide

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CERTIFICATE OF SERVICE
22nd

I HEREBY CERTIFY that on this

day of August, 2019, I served via the

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United States District Court CM/ECF electronic filing system, the foregoing STIPULATION

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AND ORDER TO EXTEND TIME TO (1) REPLY TO OPPOSITION TO MOTION FOR

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SUMMARY JUDGMENT AND (2) RESPOND TO COUNTERMOTION TO AMEND

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COMPLAINT (First Request) to the following parties:

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Rex Garner
Akerman LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
702-634-5000
702-380-8572 (fax)
[e-mail]
Attorneys for Plaintiff
Bank of New York Mellon
Ariel E. Stern
Akerman LLP
1635 VillageCenter Circle
Suite 200
Las Vegas, NV 89134
702-634-5000
702-380-8572 (fax)
[e-mail]
Attorneys for Plaintiff
Bank of New York Mellon
Natalie L Winslow
Akerman LLP
1635 Village Center Circle, Suite 200
Las Vegas, NV 89134
[phone]
[phone] (fax)
[e-mail]
Attorneys for Plaintiff
Bank of New York Mellon

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/s/ Timothy E. Rhoda
An employee of ROGER P. CROTEAU &
ASSOCIATES, LTD.

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2298 Driftwood Tide