Bank of New York Mellon v. Day Spring Property Owners Association

Filing 21

ORDER granting 13 Stipulation; Re: 11 Motion to Dismiss, Responses due by 3/10/2018. Signed by Judge James C. Mahan on 2/21/2018. (Copies have been distributed pursuant to the NEF - JM)

Case 2:17-cv-01992-JCM-GWF Document 20 Filed 02/16/18 Page 1 of 3

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ZIEVE, BRODNAX & STEELE, LLP
Shadd A. Wade, Esq.
Nevada Bar 11310
3753 Howard Hughes Parkway, Suite 200
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for plaintiff The Bank of New York Mellon FKA The Bank of New York, As Trustee
for the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-12

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
TRUSTEE
FOR
THE
CERTIFICATEHOLDERS
OF
THE
CWABS
INC.,
ASSET-BACKED
CERTIFICATES, SERIES 2006-12, a
national bank,

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STIPULATION TO EXTEND TIME TO
RESPOND TO DEFENDANT’S
MOTION TO DISMISS [ECF NO. 11]
FIRST REQUESTED EXTENSION

Plaintiff,

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CASE NO.: 2:17-CV-01992-JCM-GWF

vs.
DAY SPRING PROPERTY OWNERS
ASSOCIATION, a Nevada non-profit
corporation,
Defendant.

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Plaintiff The Bank of New York Mellon FKA The Bank of New York, As Trustee for the
Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2006-12 (“BNYM”) by
and through Shadd A. Wade, Esq. of the law firm Zieve, Brodnax & Steele, LLP, and Defendant
DAY SPRING PROPERTY OWNERS ASSOCIATION, (“Defendant”) by and through Eric N.
Tran, Esq. of the law firm Lipson, Neilson, Cole, Seltzer & Garin, P.C., hereby agree and
stipulate as follows:
Defendant’s Motion to Dismiss was filed on January 25, 2018 at ECF No. 11. The
deadline for Plaintiff to file their response was February 8, 2018.

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Case 2:17-cv-01992-JCM-GWF Document 20 Filed 02/16/18 Page 2 of 3

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IT IS STIPULATED AND AGREED that the time to respond to Defendant’s Motion to
Dismiss be extended by 30 days, making the filing due date for a response March 10, 2018.
This is the first stipulation for extension of time to file a response to Defendant’s Motion

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to Dismiss. Plaintiff requests the additional time to explore settlement of the case with

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Defendant’s newly-retained counsel.

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Dated: February 8, 2018

Dated: February 8, 2018

ZIEVE, BRODNAX & STEELE, LLP

LIPSON, NEILSON, COLE, SELTZER &
GARIN, P.C.

By:/s/Shadd A. Wade, Esq.
Shadd A. Wade, Esq.
Nevada Bar No. 11310
J. Stephen Dolembo, Esq.
Nevada Bar 9795
[e-mail]
[e-mail]
Attorneys for Plaintiff The Bank of New
York Mellon

By:_/s/Eric Tran, Esq.____________________
Eric N. Tran, Esq.
Nevada Bar No. 11876
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
Attorney for Defendant, Day Spring
Property Owners Association

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ORDER
IT IS SO ORDERED February 21, 2018.
this
day of

, 2018.

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UNITED STATES DISTRICT JUDGE

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Respectfully submitted:

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ZIEVE, BRODNAX & STEELE, LLP

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By: Shadd A. Wade_____________
Shadd A. Wade, Esq.
Nevada Bar 11310
[e-mail]
Attorneys for Plaintiff The Bank of New York Mellon fka The Bank of New York, as Trustee for
the Certificateholders of the CWABS, Inc. Asset-backed Certificates, Series 2006-13

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Case 2:17-cv-01992-JCM-GWF Document 20 Filed 02/16/18 Page 3 of 3

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CERTIFICATE OF SERVICE

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Pursuant to F.R.C.P. 5(b) and Electronic Filing Procedure IV(B), I certify that on the

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16th day of February, 2018 a true and correct copy of the STIPULATION TO EXTEND
TIME TO RESPOND TO DEFENDANT’S MOTION TO DISMISS [ECF NO. 11] was
transmitted electronically through the Court’s e-filing electronic system to the attorney(s)
associated with this case.

Eric N. Tran, Esq.
LIPSON NEILSON, P.C.
9900 Covington Cross Drive, Suite 120
Las Vegas, Nevada 89144
Attorney for Defendant

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/s/Sara Aslinger
An Employee of ZIEVE, BRODNAX & STEELE, LLP

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