Wells Fargo Bank, N.A. v. Fidelity National Title Insurance Company

Filing 30

ORDER granting 29 Stipulation; Re: 20 Motion for Summary Judgment Replies due by 2/5/2021. Signed by Judge Richard F. Boulware, II on 1/7/2021. (Copies have been distributed pursuant to the NEF - JM)

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Case 2:20-cv-01887-RFB-EJY Document 30 Filed 01/07/21 Page 1 of 2 1 2 3 4 5 6 7 8 9 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 dbrenner@wrightlegal.net Attorneys for Plaintiff, Wells Fargo Bank, N.A. Successor By Merger To Wells Fargo Bank Minnesota, N.A. F/K/A Norwest Bank Minnesota, N.A., Solely As Trustee For Structured Asset Mortgage Investments II Inc. Bear Stearns Mortgage Funding Trust 2007-AR5, Mortgage PassThrough Certificates, Series 2007-AR5 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 12 13 14 15 16 17 WELLS FARGO BANK, N.A. SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, N.A. F/K/A NORWEST BANK MINNESOTA, N.A., SOLELY AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC. BEAR STEARNS MORTGAGE FUNDING TRUST 2007-AR5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-AR5, 18 19 20 21 22 23 Plaintiff, Case No.: 2:20-cv-01887-RFB-EJY STIPULATION AND ORDER TO EXTEND TIME TO FILE REPLY IN SUPPORT OF WELLS FARGO’S COUNTER MOTION FOR SUMMARY JUDGMENT [ECF No. 20] [First Request] vs. FIDELITY NATIONAL TITLE GROUP, INC.; FIDELITY NATIONAL TITLE INSURANCE COMPANY; DOE INDIVIDUALS I through X; and ROE CORPORATIONS XI through XX, inclusive, Defendants. 24 25 Pending before the Court is Defendant Fidelity National Title Insurance Company’s 26 Motion to Dismiss (ECF No. 10) and Plaintiff Wells Fargo’s Countermotion for Partial Summary 27 Judgment (ECF No. 24). The Motion to Dismiss is fully briefed. The Reply in support of the 28 Countermotion for Summary Judgment, if any, would be due on January 6, 2021. ECF No. 28. Page 1 of 2 Case 2:20-cv-01887-RFB-EJY Document 30 Filed 01/07/21 Page 2 of 2 1 Both motions rely, in part, on certain endorsements incorporated by reference but not attached 2 the subject title insurance Policy including with Wells Fargo’s Complaint. See ECF No. 1-1, pp. 3 31-32. Upon review, it is not clear if the parties were relying on the correct endorsements within 4 their briefing, and copies of the relevant endorsements are not included with the Policies 5 provided by the parties. See Id; see also ECF No. 4-2, pp. 2-14. For the sake of clarity if the 6 record, Wells Fargo has requested additional time to review and, if necessary, propose 7 appropriative corrective measures before any further briefing and resolution of the pending 8 motions. Accordingly, the parties stipulate and agree to a 30-day extension of time for Wells 9 Fargo’s Reply though and including February 5, 2021. 10 IT IS SO STIPULATED. 11 DATED this 5th day of January, 2021. DATED this 5th day of January, 2021. 12 WRIGHT, FINLAY & ZAK, LLP SINCLAIR BRAUN LLP /s/ Darren T. Brenner, Esq. 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 Attorneys for Plaintiff, Wells Fargo Bank, N.A. Successor By Merger To Wells Fargo Bank Minnesota, N.A. F/K/A Norwest Bank Minnesota, N.A., Solely As Trustee For Structured Asset Mortgage Investments II Inc. Bear Stearns Mortgage Funding Trust 2007AR5, Mortgage Pass-Through Certificates, Series 2007-AR5 /s/ Kevin Sinclair, Esq. Kevin Sinclair, Esq. Nevada Bar No. 12277 16501 Venture Boulevard, Suite 400 Encino, California 91436 Attorneys for Defendants, Fidelity National Title Group, Inc. and Fidelity National Title Insurance Company 13 14 15 16 17 18 19 20 21 22 23 24 IT IS SO ORDERED. Dated this _____ day of _____________, 2020. 7th January, 2021. 25 26 ________________________________________ UNITED STATES DISTRICT COURT JUDGE 27 28 Page 2 of 2

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