Lundeen et al v. Bank Of New York Mellon
Filing
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ORDER granting 23 Motion to Extend Deadlines. Motions due by 6/25/2018. Proposed Joint Pretrial Order due by 7/25/2018. Signed by Magistrate Judge Carl W. Hoffman on 4/26/2018. (Copies have been distributed pursuant to the NEF - MMM)
Case 2:17-cv-01981-JAD-CWH Document 23 Filed 04/25/18 Page 1 of 6
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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone: (702) 634-5000
Facsimile: (702) 380-8572
Email: ariel.stern@akerman.com
Email: jamie.combs@akerman.com
Attorneys for The Bank of New York Mellon, as
Trustee for the Certificate Holders of the CWALT,
Inc., Alternative Loan Trust, 2006-40T1
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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ARTHUR GREGORY LUNDEEN IV and
AUDRA MARIE LUNDEEN,
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Case No.: 2:17-cv-01981-JAD-CWH
MOTION TO EXTEND DISPOSITIVE
MOTION AND JOINT PRETRIAL ORDER
DEADLINE.
Plaintiffs,
v.
THE BANK OF NEW YORK MELLON
CORPORATION AKA THE BANK OF NEW
YORK MELLON, FKA THE BANK OF NEW
YORK,
AS
TRUSTEE
FOR
THE
CERTIFICATE HOLDERS OF THE CWALT,
INC., ALTERNATIVE LOAN TRUST 200640T1,
MORTGAGE
PASS-THROUGH
CERTIFICATES, SERIES 2006-40T1; DOES IX; and ROES 1-10, inclusive,
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(FIRST REQUEST)
Defendants.
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Pursuant to LR IA 6-1, The Bank of New York Mellon, as Trustee for the Certificate Holders
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of the CWALT, Inc., Alternative Loan Trust, 2006-40T1 (BoNYM) moves to extend the dispositive
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motion deadline and the joint pre-trial order deadline by sixty (60) days. This is BoNYM's first
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request for an extension of the dispositive motion and joint pre-trial order deadlines.
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Case 2:17-cv-01981-JAD-CWH Document 23 Filed 04/25/18 Page 2 of 6
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MEMORANDUM OF POINTS AND AUTHORITIES
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Pursuant to the current scheduling order, ECF No. 19, the deadline to file dispositive motions
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is April 25, 2018. BoNYM requests this deadline be postponed by 60 days to allow it to consider a
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currently pending settlement offer. The parties orally agreed to postpone the deadlines, and intended
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to submit a stipulation to that effect. See Decl. of Jamie K. Combs, attached as Exhibit A. However,
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because undersigned counsel has not yet obtained written confirmation of Plaintiff’s counsel to e-
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sign and file the stipulation, she files this motion out of an abundance of caution. Id.
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A.
Procedural History
9, 2017. Plaintiffs subsequently filed an amended complaint, and served BoNYM on June 22, 2017.
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AKERMAN LLP
Plaintiffs filed the underlying complaint in the Eighth Judicial District Court on or about May
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1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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BoNYM filed a Petition for removal on July 20, 2017. ECF No. 1. BoNYM filed a motion to
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dismiss on September 25, 2018. ECF No. 12. The motion to dismiss is fully briefed and pending
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decision. The parties filed a proposed discovery plan/scheduling order on January 16, 2018, which
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was approved on January 19, 2018. ECF Nos. 19, 20. Per the order, the dispositive motion deadline
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expires on April 25, 2018.
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B.
Good Cause to Extend Deadlines
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Counsel for the parties met in person to discuss settlement on March 6, 2018, during which
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time a settlement offer was conveyed to BoNYM. At this meeting, counsel for the parties orally
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agreed to postpone the upcoming deadlines during the settlement negotiations, and intended to
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submit a stipulation to that effect. The following week, on March 13, 2018, the parties agreed to
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allow an appraisal to be done to assist with the settlement negotiations. The parties are currently
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awaiting the completion of the appraisal.
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Counsel for BoNYM prepared and sent Plaintiffs’ counsel a stipulation to extend deadlines
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on March 21, 2018 via e-mail. A follow-up e-mail was sent on March 26, 2018, and on April 9,
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2018. Shortly thereafter, counsel for BoNYM spoke to Plaintiffs’ counsel’s assistant on the phone,
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who indicated the stipulation had been mailed. BoNYM’s counsel has not yet received the signed
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stipulation and order, and was unable to reach Plaintiffs’ counsel to obtain approval to e-sign the
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Case 2:17-cv-01981-JAD-CWH Document 23 Filed 04/25/18 Page 3 of 6
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stipulation. The parties wish to avoid the expense of dispositive motion briefing in the event they
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are able to reach settlement.
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In addition, BoNYM has a motion to dismiss fully briefed and pending. ECF No. 12, 17.
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Extension of the dispositive motion deadline would allow additional time for an order to be entered
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on the motion to dismiss before the parties prepare additional briefing, which could be unnecessary
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depending on the result of the motion to dismiss.
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BoNYM's requested extension would place the new deadlines as follows:
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Dispositive Motion Deadline: June 25, 2018.
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Joint Pre-Trial Order Deadline: July 25, 2018.
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AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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This motion is not intended for the purpose of delay or to prejudice any party, but to allow
the parties to finish settlement discussions before incurring additional litigation costs.
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DATED this 25th day of April, 2018.
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AKERMAN LLP
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/s/ _Jamie K. Combs, Esq._____________
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
JAMIE K. COMBS, ESQ.
Nevada Bar No. 13088
1635 Village Center Circle, Ste. 200
Las Vegas, Nevada 89134
Attorneys for Bank of America, N.A.
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April 26, 2018
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Case 2:17-cv-01981-JAD-CWH Document 23 Filed 04/25/18 Page 4 of 6
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CERTIFICATE OF SERVICE
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I HEREBY CERTIFY that on this 25th day of JApril, 2018 and pursuant to FRCP 5(b)(2)(E),
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I caused service via U.S. District Court's Case Management/Electronic Case Files (CM/ECF) system
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a true and correct copy of the foregoing MOTION TO EXTEND DEADLINES, addressed to:
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Fred W Kennedy, Esq.
Fred W. Kennedy
719 South 6th Street
Las Vegas, NV 8910
Attorney for Plaintiff
/s/ Jamie K. Combs
An employee of AKERMAN LLP
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AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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Case 2:17-cv-01981-JAD-CWH Document 23 Filed 04/25/18 Page 5 of 6
Exhibit A
Case 2:17-cv-01981-JAD-CWH Document 23 Filed 04/25/18 Page 6 of 6
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DECLARATION OF JAMIE K. COMBS
I, Jamie K. Combs, Esq., counsel for Bank of New York Mellon (BoNYM) declare, under
penalty of perjury, as follows:
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I am a duly licensed attorney admitted to practice in the State of Nevada. I am an
attorney at Akerman LLP and counsel of record for BoNYM in this matter.
2.
I have personal knowledge of the facts and circumstances set forth in this declaration
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as specified herein and could and would competently testify to these facts and circumstances in a
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court of law.
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AKERMAN LLP
1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: (702) 634-5000 – FAX: (702) 380-8572
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3.
Fred Kennedy, Esq. and I met in person to discuss settlement on March 6, 2018, during
which time a settlement offer was conveyed to BoNYM.
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At this meeting, we orally agreed to postpone the upcoming deadlines during the
settlement negotiations, and intended to submit a stipulation to that effect.
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The following week, on March 13, 2018, the parties agreed to allow an appraisal to be
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done to assist with the settlement negotiations. We are currently awaiting the completion of the
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appraisal.
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6.
I prepared and sent Mr. Kennedy a stipulation to extend deadlines on March 21, 2018
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via e-mail. I sent follow-up e-mails on March 26, 2018, and on April 9, 2018. Shortly thereafter, I
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spoke to Plaintiffs’ counsel’s assistant on the phone, who indicated the stipulation had been mailed.
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I have not yet received the signed stipulation and order, and was unable to reach
Plaintiffs’ counsel today to obtain approval to e-sign the stipulation.
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The parties wish to avoid the expense of dispositive motion briefing in the event they
are able to reach settlement.
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I declare under penalty of perjury that the foregoing is true and correct.
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/s/ Jamie K. Combs
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Jamie K. Combs, Esq.
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