Collegium Fund LLC Series #31 v. NewRez LLC et al

Filing 21

ORDER granting 19 Stipulation Re: 1 Petition for Removal, NewRez LLC answer due 8/8/2022. Signed by Judge Richard F. Boulware, II on 8/2/2022. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:22-cv-00678-RFB-BNW Document 21 Filed 08/02/22 Page 1 of 2

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AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

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ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada State Bar. 12125
PAIGE L. MAGASTER, ESQ.
Nevada Bar No. 15557
AKERMAN LLP
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for NewRez LLC f/k/a New Penn
Financial, LLC, d/b/a Shellpoint Mortgage
Servicing
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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COLLEGIUM FUND LLC SERIES #31, a
Nevada limited liability company,
Plaintiff,

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v.
NEWREZ
LLC
F/K/A
NEW
PENN
FINANCIAL, LLC, D/B/A SHELLPOINT
MORTGAGE SERVICING; QUALITY LOAN
SERVICE CORPORATION; DOE individuals I
through XX; and ROE CORPORATIONS I
through XX,

Case No. 2:22-cv-00678-RFB-BNW
STIPULATION AND ORDER FOR
EXTENSION OF TIME TO RESPOND TO
COMPLAINT
(FOURTH REQUEST)

Defendants.

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Plaintiff Collegium Fund LLC Series #31, and Defendant NewRez LLC f/k/a New Penn

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Financial, LLC, d/b/a Shellpoint Mortgage Servicing, hereby stipulate and agree that Shellpoint shall

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have an additional seven (7) days, up to and including August 8, 2022, to file its response to the

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plaintiff's complaint, which is currently due on August 1, 2022. The complaint was filed in state

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court on March 16, 2022, and the parties entered into an agreement on April 18, 2022, to extend

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Shellpoint's time to respond to the complaint until May 16, 2022. The case was removed to federal

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court on April 25, 2022, and the parties entered into a second agreement on May 12, 2022, to extend

AKERMAN LLP

1635 VILLAGE CENTER CIRCLE, SUITE 200
LAS VEGAS, NEVADA 89134
TEL.: [phone] – FAX: [phone]

Case 2:22-cv-00678-RFB-BNW Document 21 Filed 08/02/22 Page 2 of 2

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Shellpoint's time to respond to the complaint until June 15, 2022. On June 15, 2022, the parties

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entered into a third agreement to extend Shellpoint's time to respond to the complaint until August 1,

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2022. The parties have fully briefed Collegium's pending preliminary injunction motion, ECF

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Nos. 12, 15, 17, and Shellpoint has moved to expunge the lis pendens, ECF No. 16.

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Good cause exists to grant the requested extension. Shellpoint requests additional time to

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fully form its response to these allegations pursuant to its obligations under Federal Rule of Civil

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Procedure 8(b). One of Shellpoint's attorneys has been on maternity leave for several months,

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returning only last week, and is currently preparing for trial. Another of Shellpoint's attorneys has

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been out of the office for a family trip to South America since July 20. Additionally, counsel for

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Shellpoint has been inundated with preliminary injunction motions, often filed on the eve of the

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foreclosure sale and on an emergency basis, which have affected counsel's ability to complete and

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finalize the response to the complaint in this matter. This is the parties' fourth and final request for an

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extension of this deadline, and is not intended to cause any delay or prejudice to any party.

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DATED this 1st day of August, 2022.
AKERMAN LLP

CLARK NEWBERRY LAW FIRM

/s/ Paige L. Magaster
ARIEL E. STERN, ESQ.
Nevada Bar No. 8276
NATALIE L. WINSLOW, ESQ.
Nevada Bar No. 12125
PAIGE L. MAGASTER, ESQ.
Nevada Bar No. 15557
1635 Village Center Circle, Suite 200
Las Vegas, Nevada 89134

/s/ Aimee Clark Newberry
AIMEE CLARK NEWBERRY, ESQ.
Nevada Bar No. 11084
410 S. Rampart Boulevard, Suite 390
Las Vegas, NV 89145
Attorney for Collegium Fund LLC Series #31

Attorneys for NewRez LLC f/k/a New Penn
Financial, LLC, d/b/a Shellpoint Mortgage
Servicing

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IT IS SO ORDERED.

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UNITED STATES DISTRICT COURT JUDGE
Case No. 2:22-cv-00678-RFB-BNW

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August 2, 2022
DATED: __________________________
{64005761}

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