Wells Fargo Bank, N.A. v. Commonwealth Land Title Insurance Company

Filing 20

ORDER Granting 18 First Stipulation for Extension of Time Re: 16 Amended Complaint. Commonwealth Land Title Insurance Company's answer due 6/19/2018. Signed by Magistrate Judge Peggy A. Leen on 6/12/2018. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:18-cv-00494-APG-PAL Document 18 Filed 06/08/18 Page 1 of 3

1
2
3
4
5
6
7
8

Kevin S. Sinclair, Esq. (Nevada Bar No. 12277)
[e-mail]
Christopher I. Ritter, Esq., pro hac vice
[e-mail]
EARLY SULLIVAN WRIGHT
GIZER & McRAE LLP
601 South Seventh Street, 2nd Floor
Las Vegas, NV 89101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
COMMONWEALTH LAND TITLE INSURANCE
COMPANY

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11
12
13
14
15
16
17

WELLS FARGO BANK, N.A.
SUCCESSOR BY MERGER TO WELSS
FARGO BANK MINNESOTA, N.A.,
F/K/A NORWEST BANK MINNESOTA,
N.A., SOLEY AS TRUSTEE FOR
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC. BEAR STEARNS
MORTGAGE FUNDING TRUST 2007ARI, MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-ARI,

20
21

STIPULATION AND PROPOSED
ORDER EXTENDING DEFENDANT
COMMONWEALTH LAND TITLE
INSURANCE COMPANY’S TIME TO
RESPOND TO FIRST AMENDED
COMPLAINT
[FIRST REQUEST REGARDING
FIRST AMENDED COMPLAINT]

Plaintiffs,

18
19

Case No.: 218-cv-00494-APG-PAL

vs.
COMMONWEALTH LAND TITLE
INSURANCE COMPANY,
Defendant.

22
23
24
25
26
27
28

1

217812.1

STIPULATION AND PROPOSED ORDER

Case 2:18-cv-00494-APG-PAL Document 18 Filed 06/08/18 Page 2 of 3

1

Plaintiff Wells Fargo Bank, N.A. Successor By Merger To Wells Fargo Bank Minnesota,

2

N.A., f/k/a Norwest Bank Minnesota, N.A., Solely As Trustee For Structured Asset Mortgage

3

Investments II Inc. Bear Stearns Mortgage Funding Trust 2007-AR1, Mortgage Pass-Through

4

Certificates, Series 2007-AR1 (“Wells Fargo”), and Defendant Commonwealth Land Title

5

Insurance Company, (“Commonwealth”), by and through their counsel of record, hereby stipulate

6

as follows:

7
8
9
10

WHEREAS, Wells Fargo filed its original Complaint in this matter on March 20, 2018
[ECF No. 1];
WHEREAS, the parties stipulated to extend Commonwealth’s time to respond to the
original Complaint to May 7, 2018 [ECF No. 9];

11

WHEREAS, on May 7, 2018, Commonwealth filed a Motion to Dismiss Wells Fargo’s

12

original Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure [ECF No. 10];

13

WHEREAS, the parties stipulated to extend Wells Fargo’s time to respond to

14
15
16
17
18
19
20

Commonwealth’s Motion to Dismiss to May 29, 2018 [ECF No. 15];
WHEREAS, on May 29, 2018, Wells Fargo filed a First Amended Complaint in this matter
[ECF No. 16];
WHEREAS, on June 1, 2018, the Court entered an Order denying Commonwealth’s
Motion to Dismiss the original Complaint as moot [ECF No. 17];
WHEREAS, Commonwealth’s response to the First Amended Complaint is currently due
on June 12, 2018;

21

WHEREAS, Wells Fargo has agreed (1) to extend Commonwealth’s time to respond to the

22

First Amended Complaint to June 19, 2018, and (2) if Commonwealth files a Motion to Dismiss

23

the First Amended Complaint on or before that date, to extend Commonwealth’s deadline to file an

24

Answer to the First Amended Complaint until 14 days after the Court rules on Commonwealth’s

25

Motion to Dismiss the First Amended Complaint;

26
27

Now, therefore, the parties hereto, by and through their counsel of record, and subject to
Court approval, hereby stipulate and agree as follows:

28

2

217812.1

STIPULATION AND PROPOSED ORDER

Case 2:18-cv-00494-APG-PAL Document 18 Filed 06/08/18 Page 3 of 3

1

1. Commonwealth shall file its response to Wells Fargo’s First Amended Complaint in this

2

matter on or before June 19, 2018; and

3

2. If Commonwealth files a Motion to Dismiss the First Amended Complaint,

4

Commonwealth shall file an Answer to the First Amended Complaint within fourteen

5

days of the Court’s ruling on the Motion to Dismiss.

6
7

Dated this 7th day of June 2018

8
9

By: /s/ Kevin S. Sinclair
Kevin S. Sinclair
Nevada Bar No. 12216
601 South Seventh Street, 2nd Floor
Las Vegas, Nevada 89101

10
11
12

Attorneys for Defendant
Commonwealth Land Title Insurance Company

13
14

EARLY SULLIVAN WRIGHT
GIZER & McRAE LLP

Dated this 7th day of June 2018

WRIGHT, FINLAY & ZAK, LLP

15

By: /s/ Edgar C. Smith
Edgar C. Smith, Esq.
Nevada Bar No. 5506
Matthew S. Carter, Esq.
Nevada Bar No. 9524
7785 W. Sahara Ave., Suite
Las Vegas, NV 89117

16
17
18
19

Attorneys for Plaintiff
Wells Fargo Bank, N.A. Successor By Merger to
Wells Fargo Bank Minnesota, N.A., Solely As
Trustee For Structured Asset Mortgage
Investments II Inc. Bear Stearns Mortgage Funding
Trust 2007-ARI, Mortgage Pass-Through Certificates,
Series 2007-ARI

20
21
22
23
24

IT IS SO ORDERED:

25

By:

26

UNITED STATES MAGISTRATE JUDGE

27
28

Dated:
_
3

217812.1

June 12, 2018

STIPULATION AND PROPOSED ORDER