Bank Of New York Mellon v. Barrett et al

Filing 34

ORDER approving ECF No. 33 Stipulation. Replies re ECF Nos. 19 Motion for Summary Judgment, 20 Motion to Dismiss due by 9/26/2019. Response re ECF No. 30 Counter Motion to Amend Complaint due by 9/26/2019. Signed by Chief Judge Miranda M. Du on 9/16/2019. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4
5
6

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

7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

***

11
12
13
14

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,

15

Plaintiff,

16

vs.

17

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

18
19

Defendants.
20
21

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

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
(Second Request)

22
23

COMES NOW Plaintiff, THE BANK OF NEW YORK MELLON (“BONY”), and
24
Defendant, 2298 DRIFTWOOD TIDE TRUST (“Driftwood Trust”), by and through their
25
undersigned counsel, and hereby stipulate and agree as follows:
26
1.

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

27
Motion for Summary Judgment herein. [ECF #19, 20].
28
Page 1 of 3

2298 Driftwood Tide

1

2.

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

2
3

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

3.

August 22, 2019, the parties submitted a stipulation to extend the deadling for

4

Driftwood Trust to file its Reply to BONY’s Opposition and Response to the

5

Countermotion to Amend Complaint until September 16, 2019. [ECF #31]. Said

6

Stipulation was approved on the same date. [ECF #32].

7

4.

Counsel for Driftwood Trust has requested an additional extension of time in

8

which to file its Reply and Response as a result of numerous other pending work

9

and personal obligations, including appellate briefs, motion practice in other
cases and various other matters.

10
11

5.

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

12

its Reply to BONY’s Opposition and Response to the Countermotion to Amend

13

Complaint until and including September 26, 2019.

14

6.

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

15

Dated this

16

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

16th

day of September, 2019.

17
18
19
20
21
22
23
24
25
26
27

IT IS SO ORDERED.
By:
Judge, U.S. District Court
Dated: September 16, 2019

28
Page 2 of 3

2298 Driftwood Tide

1
2

CERTIFICATE OF SERVICE
16th

I HEREBY CERTIFY that on this

day of September, 2019, I served via the

3

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

4

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

5

SUMMARY JUDGMENT AND (2) RESPOND TO COUNTERMOTION TO AMEND

6

COMPLAINT (Second Request) to the following parties:

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21

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

22
23
24

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

25
26
27
28
Page 3 of 3

2298 Driftwood Tide