Hollyvale Rental Holdings, LLC v. Pineda et al

Filing 40

ORDER Granting 39 Stipulation to Extend Time re 27 MOTION to Dismiss re 14 Counterclaim. ( Responses due by 9/12/2017.) Signed by Judge Richard F. Boulware, II on 9/6/17. (Copies have been distributed pursuant to the NEF - ADR)

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WRIGHT, FINLAY & ZAK, LLP
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Patrick J. Davis, Esq.
Nevada Bar No. 13330
7785 W. Sahara Avenue, Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Defendant, HSBC Bank USA N.A., as Trustee on Behalf of ACE Securities Corp.
Home Equity Loan Trust and for the Registered Holders of ACE Securities Corp. Home Equity
Loan Trust Series 2006-HE2, Asset Backed Pass Through Certificates

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IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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HOLLYVALE RENTAL HOLDINGS, LLC,
a Nevada limited liability company,

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Plaintiff,

STIPULATION AND ORDER TO
EXTEND TIME TO RESPOND TO TRP
FUND V, LLC’s MOTION TO DISMISS
PLAINTIFF’S COMPLAINT

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Case No.: 2:17-cv-01833-RFB-NJK

vs.
RUBY F. PINEDA; an individual; LILIBETH
F. LACUESTA, an individual; HSBC BANK
USA N.A., AS TRUSTEE ON BEHALF OF
ACE SECURITIES CORP. HOME EQUITY
LOAN TRUST AND FOR THE
REGISTERED HOLDERS OF ACE
SECURITIES CORP. HOME EQUITY
LOAN TRUST SERIES 2006-HE2, ASSET
BACKED PASS THROUGH
CERTIFICATES; All other persons unknown
claiming any right, title, estate, lien or interest
in the real property described in the
Complaint adverse to Plaintiff’s ownership, or
any cloud upon Plaintiff’s title thereto; DOES
I through V; and ROE Corporations I through
V,

(First Request)

HSBC BANK USA N.A., AS TRUSTEE ON
BEHALF OF ACE SECURITIES CORP.
HOME EQUITY LOAN TRUST AND FOR
THE REGISTERED HOLDERS OF ACE

Page 1 of 3

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SECURITIES CORP. HOME EQUITY
LOAN TRUST SERIES 2006-HE2, ASSET
BACKED PASS THROUGH
CERTIFICATES

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Counterclaimant

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vs.
HOLLYVALE RENTAL HOLDINGS, LLC,
a foreign limited liability company;
CHAMPERY RENTAL REO, LLC, a foreign
limited liability company; TIERRA LINDA
LANDSCAPE MAINTENANCE
ASSOCIATION, INC., a Nevada corporation;
RED ROCK FINANCIAL SERVICES, LLC;
a Nevada limited liability company
Counter-defendants,

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Counterclaimant, HSBC Bank USA N.A., as Trustee on Behalf of ACE Securities Corp.

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Home Equity Loan Trust and for the Registered Holders of ACE Securities Corp. Home Equity

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Loan Trust Series 2006-HE2, Asset Backed Pass Through Certificates (“HSBC”) by and

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through its attorney of record Patrick J. Davis, Esq. of the law firm of Wright, Finlay & Zak,

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LLP and Counter-defendant Red Rock Financial Services, LLC (“Red Rock”) by and through

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its attorney of record Steven B. Scow, Esq. of the law firm of Koch & Scow LLC hereby

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stipulate and agree as follows with regard to Red Rocks’s Motion to Dismiss HSBC’s

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Counterclaim (“Motion”) (ECF No. 27) filed with this Court on August 22, 2017:

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Counsel for HSBC needs additional time to adequately respond to the arguments raised

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in Red Rock’s Motion. Due to the fluid nature of case law and inconsistent results of dispositive

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motions in both state and federal court regarding the same contested issues in this case, counsel

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needs additional time to draft an adequate response. In exchange for this extension, HSBC

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agrees that the customary time to file a Reply in Support of Red Rock’s Motion shall be tolled

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until such time as HSBC files its Opposition thereto.

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The previous deadline to file an Opposition to Red Rock’s Motion was September 5,

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2017. The deadline to file an Opposition to Red Rock’s Motion to Dismiss HSBC’s

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Page 2 of 3

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Counterclaim is hereby extended until September 12, 2017. This is the first request for such an

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extension, and it is made and in good faith and not for purposes of delay.

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IT IS SO STIPULATED AND AGREED.
Dated this _5th day of September, 2017.

Dated this _5th_ day of September, 2017.

WRIGHT, FINLAY & ZAK, LLP

THE WRIGHT LAW GROUP, P.C.

/s/ Patrick J. Davis, Esq.
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Patrick J. Davis, Esq.
Nevada Bar No. 13330
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Defendant, HSBC Bank USA
N.A., as Trustee on Behalf of ACE Securities
Corp. Home Equity Loan Trust and for the
Registered Holders of ACE Securities Corp.
Home Equity Loan Trust Series 2006-HE2,
Asset Backed Pass Through Certificates

_/s/ Steven B. Scow, Esq.___________
Steven B. Scow, Esq.
Nevada Bar No. 9906
1500 S. Eastern Ave., Ste. 210
Las Vegas, NV 89052
[e-mail]
Attorney for Red Rock Financial Services,
LLC

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ORDER
IT IS SO ORDERED.

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_______________________________________
UNITED STATES MAGISTRATE JUDGE

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Dated: _________________________________
September 6, 2017.

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