The Bank of New York Mellon Trust Company, N.A. v. Fidelity National Title Group, Inc. et al

Filing 48

ORDER granting 47 Stipulation to Extend time Re: 33 Motion for Summary Judgment; Replies due by 4/2/2021. Signed by Judge James C. Mahan on 3/31/2021. (Copies have been distributed pursuant to the NEF - DRS)

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Case 2:20-cv-01394-JCM-BNW Document 47 Filed 03/29/21 Page 1 of 3 1 2 3 4 5 6 7 8 WRIGHT, FINLAY & ZAK, LLP Darren T. Brenner, Esq. Nevada Bar No. 8386 Lindsay D. Robbins, Esq. Nevada Bar No. 13474 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 (702) 637-2345; Fax: (702) 946-1345 lrobbins@wrightlegal.net Attorneys for Plaintiff, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A. as successor-in-interest to JPMorgan Chase Bank N.A. f/k/a JPMorgan Chase Bank, as Trustee for MASTR Adjustable Rate Mortgages Trust 2004-9, Mortgage Pass-Through Certificates, Series 2004-9 9 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 10 11 12 13 14 15 16 17 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. F/K/A THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR-IN-INTEREST TO JPMORGAN CHASE BANK N.A. F/K/A JPMORGAN CHASE BANK, AS TRUSTEE FOR MASTR ADJUSTABLE RATE MORTGAGES TRUST 2004-9, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-9, 18 19 20 21 22 Case No.: 2:20-cv-01394-JCM-BNW STIPULATION AND ORDER TO EXTEND TIME PERIOD TO RESPOND TO CHICAGO TITLE INSURANCE COMPANY’S OPPOSITION TO COUNTERMOTION FOR PARTIAL SUMMARY JUDGMENT [ECF No. 42] [Second Request] Plaintiff, vs. FIDELITY NATIONAL TITLE GROUP, INC.; CHICAGO TITLE INSURANCE COMPANY, Defendants. 23 24 Plaintiff, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New 25 York Trust Company, N.A. as successor-in-interest to JPMorgan Chase Bank N.A. f/k/a 26 JPMorgan Chase Bank, as Trustee for MASTR Adjustable Rate Mortgages Trust 2004-9, 27 Mortgage Pass-Through Certificates, Series 2004-9 (“BONY Trustee”), and Defendant, 28 Page 1 of 3 Case 2:20-cv-01394-JCM-BNW Document 47 Filed 03/29/21 Page 2 of 3 1 Chicago Title Insurance Company (“Chicago Title”) (collectively, the “Parties”), by and 2 through their counsel of record, hereby stipulate and agree as follows: 3 1. On July 27, 2020, BONY Trustee filed its Complaint [ECF No. 1-1]; 4 2. On December 11, 2020, Chicago Title filed a Motion to Dismiss [ECF No. 31]; 5 3. On December 24, 2020, BONY Trustee filed an Opposition to Chicago Title’s 6 Motion to Dismiss and Countermotion for Partial Summary Judgment [ECF Nos. 32 7 and 33]; 8 4. On February 11, 2021, Chicago Title filed its Reply in Support of its Motion to 9 Dismiss and Opposition to Countermotion for Partial Summary Judgment [ECF Nos. 10 41 and 42]; 11 5. BONY Trustee contends that it is entitled to file a response to Chicago Title’s 12 Opposition to its Countermotion for Partial Summary Judgment and that its deadline 13 to do so is March 29, 2021 [ECF No. 45]; 14 6. BONY Trustee’s counsel is requesting a brief extension until April 2, 2021 to 15 respond to Chicago Title’s Opposition; 16 7. This additional extension is requested to allow BONY Trustee additional time to 17 obtain certain documents that were recorded on the Property’s title and referenced in 18 Chicago Title Opposition; 19 8. Counsel for Chicago Title does not oppose the requested extension to the extent that 20 a response is permitted; 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// Page 2 of 3 Case 2:20-cv-01394-JCM-BNW Document 47 Filed 03/29/21 Page 3 of 3 1 9. This is the second request for an extension which is made in good faith and not for 2 purposes of delay. 3 IT IS SO STIPULATED. 4 DATED this 29th day of March, 2021. DATED this 29th day of March, 2021. 5 WRIGHT, FINLAY & ZAK, LLP SINCLAIR BRAUN LLP /s/ Lindsay D. Robbins Lindsay D. Robbins, Esq. Nevada Bar No. 13474 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 Attorneys for Plaintiff, The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York Trust Company, N.A. as successor-in-interest to JPMorgan Chase Bank N.A. f/k/a JPMorgan Chase Bank, as Trustee for MASTR Adjustable Rate Mortgages Trust 2004-9, Mortgage PassThrough Certificates, Series 2004-9 /s/ Kevin S. Sinclair Kevin S. Sinclair, Esq. Nevada Bar No. 12277 16501 Ventura Blvd, Suite 400 Encino, California 91436 Attorneys for Defendants, Fidelity National Title Group, Inc. and Chicago Title Insurance Company 6 7 8 9 10 11 12 13 14 15 16 17 18 19 IT IS SO ORDERED. March 31, 2021. Dated this _____ day of _____________, 2021. ________________________________________ UNITED STATES DISTRICT COURT JUDGE 20 21 22 23 24 25 26 27 28 Page 3 of 3

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