Penarijo v. Ocwen Loan Servicing, LLC et al

Filing 43

ORDER granting 42 Stipulation; Re: 40 Motion to Dismiss. Responses due by 4/8/2019. Signed by Judge Richard F. Boulware, II on 2/28/2019. (Copies have been distributed pursuant to the NEF - JM)

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LAS VEGAS, NEVADA 89104

TEL – [phone]; FAX – [phone]

MICHAEL B. LEE, P.C.
1820 E. SAHARA AVENUE STE. 110

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MICHAEL B. LEE, ESQ.
Nevada Bar No. 10122
MICHAEL B. LEE, P.C.
1820 E. Sahara Avenue, Ste. 110
Las Vegas, Nevada 89104
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
In Association with:
JUDE E. NAZARETH, ESQ.
Nevada State Bar No. 10695
MONTEZ NAZARETH LAW.
7925 W. Russell Rd. # 401506
Las Vegas, Nevada 89140
Telephone: [phone]
Facsimile:
[phone]
[e-mail]
Attorneys for Plaintiff
VIRGILIA PENARIJO
IN THE UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
VIRGILIA PENARIJO, an individual,

Case No: 2:17-cv-02121-RFB-PAL

Plaintiff,

STIPLUATION AND ORDER TO
EXTEND BREIFING SCHEDULE

v.
OCWEN LOAN SERVICING, LLC.; THE
BANK OF NEW YORK MELLON (FKA
THE BANKOF NEW YORK) AS TRUSTEE
FOR THE HOLDERS OF AMERICAN
HOME MORTGAGE INVESTMENT TRUST
2004-4; and WESTERN PROGRESSIVENEVADA, INC., as Trustee for Beneficiary,
Defendants.

STIPLUATION AND ORDER TO EXTEND BREIFING SCHEDULE

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Plaintiff VIRGILIA PENARIJO (“Plaintiff” or “Penarijo”), appearing by and through her

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attorneys, MICHAEL B. LEE, P.C. and MONTEZ NAZARETH LAW., and Defendants OCWEN

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LOAN SERVICING, LLC (“OLS”), THE BANK OF NEW YORK MELLON (FKA THE

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BANK OF NEW YORK) AS TRUSTEE FOR THE HOLDERS OF AMERICAN HOME

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MORTGAGE INVESTMENT TRUST 2004-4 (“Bank of New York”), and WESTERN
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PROGRESSIVE NEVADA, INC. (“WPN”) (OLS, Bank of New York, and WPN are

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collectively referred to as “Defendants”), appearing by and through their attorneys, WRIGHT,

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FINLAY, & ZAK, LLP, based on the following information:

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1.

On or about August 13, 2018, the Parties filed a Joint Status Report for this matter

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(ECF No. 37). Therein, the Parties requested a 90 day extension to the August 13, 2018 status

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check related to the requested short sale of the subject real property. Id. at 3:12-20.

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2.

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the parties shall have until February 19, 2019 to file a stipulation to
dismiss if they have settled. If the parties have not settled
defendants shall have until February 19, 2019 to refile motions to
dismiss which were pending and set for hearing and vacated when
the parties filed their Notice of Settlement. Signed by Magistrate
Judge Peggy A. Leen on 1/18/2019. (Copies have been distributed
pursuant to the NEF - MMM)

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LAS VEGAS, NEVADA 89104

TEL – [phone]; FAX – [phone]

MICHAEL B. LEE, P.C.
1820 E. SAHARA AVENUE STE. 110

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3.

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On February 13, 2019, the Parties filed their Joint Status report stating that:
On September 21, 2018, Ocwen approved Ms. Penarijo’s request
for a short sale under the terms acceptable to Ocwen. Ms. Penarijo
received short sale approval from the second lender on the subject
real property. Plaintiff secured a buyer for the subject real
property, and the property is set to close on March 23, 2019.

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On January 22, 2019, this Honorable Court issued a Minute Order that:

(ECF No. 39).

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4.

As no minute order granting an extension for Defendants to file their motions to

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dismiss, Defendants, out of an abundance of caution, filed their Motion to Dismiss (ECF No. 40)

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and their Motion for Judicial Notice (ECF No. 41) on February 19, 2019. However, Defendants

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only filed to preserve the Motions, but have the expectation that this matter will resolve by way

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of the short sale.

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5.

Plaintiff’s Opposition is due in normal course on or before March 5, 2019, but

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the Parties stipulated and agreed to provide Plaintiff with an extension to file the Reponses on or

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before April 8, 2019 as a matter of judicial efficient to and reduce the costs related thereto as

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both Parties expect this matter to resolve by way of the short sale set to close on March 23, 2019.

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IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff’s counsel

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and Defendants’ counsel, that the deadline for Plaintiff to file its Opposition to Defendants’

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Motion to Dismiss, which was filed on February 19, 2019, shall be extended to April 8, 2019.

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DATED this 27 of February, 2019.

DATED this 27 of February, 2019.

/s/ Michael Lee
MICHAEL B. LEE, ESQ. (NSB 10122)
1820 E. Sahara Ave. Ste. 110
Las Vegas, Nevada 89104
Attorney for Plaintiff

_/s/ Samuel Ehlers
_____________
R. SAMUEL EHLERS, ESQ. (NSB 9313)
POOJA KUMAR, ESQ. (NSB 12988)
7785 W. Sahara Ave. Ste. 200
Las Vegas, Nevada 89117
Attorneys for Defendants

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ORDER

LAS VEGAS, NEVADA 89104

the Stipulation is GRANTED and the date for which Plaintiff is to reply to Defendant’s Motion

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TEL – [phone]; FAX – [phone]

Based on the STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE,

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MICHAEL B. LEE, P.C.
1820 E. SAHARA AVENUE STE. 110

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to Dismiss has been extended to April 8, 2019.

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Dated this ____ day of ____________________, 2019.
February
28th

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_______________________________________
UNITED STATES DISTRICT COURT JUDGE

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