The Bank of New York Mellon v. Sunrise Bay Owners' Association et al

Filing 67

ORDER granting 64 Motion to Extend Time; Re: 63 Motion. Responses due 11/12/2019 nun pro tunc. Signed by Judge Jennifer A. Dorsey on 12/26/2019. (Copies have been distributed pursuant to the NEF - JM)

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Case 2:17-cv-02352-JAD-CWH Document 64 Filed 11/08/19 Page 1 of 2 1 2 3 4 5 6 7 WRIGHT, FINLAY & ZAK, LLP R. Samuel Ehlers, Esq. Nevada Bar No. 9313 Aaron D. Lancaster, Esq. Nevada Bar No. 10115 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 (702) 475-7964; Fax: (702) 946-1345 alancaster@wrightlegal.net Attorneys for Plaintiff, The Bank of New York Mellon fka The Bank of New York, as trustee for the Certificate Holders of CWALT, Inc., Alternative Loan Trust, 20006-OC8, Mortgage PassThrough Certificates, Series 2006-OC8 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 11 12 13 14 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST, 2006-OC8, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-OC8, a national bank, 15 16 17 18 19 20 21 22 23 Case No.: 2:17-cv-02352-JAD-CWH ORDER GRANTING JOINT MOTION TO EXTEND TIME TO RESPOND TO LV REAL ESTATE STRATEGIC INVESTMENT GROUP, LLC, SERIES 2110’S MOTION TO STAY FORECLOSURE PENDING APPEAL AND FIX BOND Plaintiff, vs. ECF No. 64 SUNRISE BAY OWNERS’ ASSOCIATION, a Nevada corporation; LV REAL ESTATE STRATEGIC INVESTMENT GROUP LLC SERIES 2110, a Nevada limited liability company, MICHAEL CLAUSELL, JR., an individual, KEREKIA CLAUSELL, and individual, Defendants. 24 Plaintiff, Plaintiff, The Bank of New York Mellon fka The Bank of New York, as trustee 25 for the Certificate Holders of CWALT, Inc., Alternative Loan Trust, 20006-OC8, Mortgage 26 Pass-Through Certificates, Series 2006-OC8 (“Plaintiff”), and Defendant, LV Real Estate 27 Strategic Investment Group LLC Series 2110 (“Defendant”) (collectively the “Parties”), by and 28 through their counsel of record, hereby stipulate and agree as follows: Page 1 of 2 Case 2:17-cv-02352-JAD-CWH Document 64 Filed 11/08/19 Page 2 of 2 1 On July 1, 2019, Judgment was entered in favor of Plaintiff [ECF No. 54]. Defendant 2 filed its Notice of Appeal on July 31, 2019 [ECF No. 57]. Defendant filed and served its Motion 3 to Stay Foreclosure Pending Appeal and Fix Bond on October 21, 2019 [ECF No. 63] (the 4 “Motion”). Based on the service date of the Motion, the deadline to file written opposition to the 5 Motion was originally November 4, 2019, under LR 7-2(b). The Parties have discussed 6 extending the deadline for Plaintiff to respond to the Motion. 7 8 WHEREAS, the Parties hereby stipulate and agree to extend the deadline for Plaintiff to file its Opposition to Defendant’s Motion to November 12, 2019. 9 This is the first stipulation for extension of time for Plaintiff to file its Opposition to 10 Defendant’s Motion. The parties request this extension in order to continue discussing possible 11 resolution. The extension is requested in good faith and is not for purposes of delay or prejudice 12 to any other party. 13 14 DATED this 8th day of November, 2019. WRIGHT, FINLAY & ZAK, LLP THE LAW OFFICE OF MIKE BEEDE, PLLC /s/ Aaron D. Lancaster R. Samuel Ehlers, Esq. Nevada Bar No. 9313 Aaron D. Lancaster, Esq. Nevada Bar No. 10115 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 Attorneys for Plaintiff, The Bank of New York Mellon fka The Bank of New York, as trustee for the Certificate Holders of CWALT, Inc., Alternative Loan Trust, 20006-OC8, Mortgage Pass-Through Certificates, Series 2006-OC8 /s/ Michael Beede Michael Beede, Esq. Nevada Bar No. 13068 James W. Fox, Esq. Nevada Bar No. 13122 2470 St. Rose Pkwy., Ste. 307 Henderson, NV 89074 Attorney for Defendant LV Real Estate Strategic Investment Group LLC, Series 2110 15 16 17 18 19 20 21 22 23 IT IS SO ORDERED: 24 25 26 27 28 ORDER ___________________________________ Based on the parties' joint motion [ECF No. 64]UNITED STATES appearing, IT IS and good cause MAGISTRATE JUDGE HEREBY ORDERED that the deadline for plaintiff to respond to the motion to stay is extended to November 12, 2019, nunc pro tunc, making_________________________ DATED: the response filed that day [ECF No. 65] timely. _____________________________ U.S. District Court Judge 12-26-19 Page 2 of 2

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