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)

Download PDF
Case 2:22-cv-00678-RFB-BNW Document 21 Filed 08/02/22 Page 1 of 2 1 2 3 4 5 6 7 8 9 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 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: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: natalie.winslow@akerman.com Email: paige.magaster@akerman.com Attorneys for NewRez LLC f/k/a New Penn Financial, LLC, d/b/a Shellpoint Mortgage Servicing UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 14 COLLEGIUM FUND LLC SERIES #31, a Nevada limited liability company, Plaintiff, 15 16 17 18 19 20 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. 21 22 Plaintiff Collegium Fund LLC Series #31, and Defendant NewRez LLC f/k/a New Penn 23 Financial, LLC, d/b/a Shellpoint Mortgage Servicing, hereby stipulate and agree that Shellpoint shall 24 have an additional seven (7) days, up to and including August 8, 2022, to file its response to the 25 plaintiff's complaint, which is currently due on August 1, 2022. The complaint was filed in state 26 court on March 16, 2022, and the parties entered into an agreement on April 18, 2022, to extend 27 Shellpoint's time to respond to the complaint until May 16, 2022. The case was removed to federal 28 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.: (702) 634-5000 – FAX: (702) 380-8572 Case 2:22-cv-00678-RFB-BNW Document 21 Filed 08/02/22 Page 2 of 2 1 Shellpoint's time to respond to the complaint until June 15, 2022. On June 15, 2022, the parties 2 entered into a third agreement to extend Shellpoint's time to respond to the complaint until August 1, 3 2022. The parties have fully briefed Collegium's pending preliminary injunction motion, ECF 4 Nos. 12, 15, 17, and Shellpoint has moved to expunge the lis pendens, ECF No. 16. 5 Good cause exists to grant the requested extension. Shellpoint requests additional time to 6 fully form its response to these allegations pursuant to its obligations under Federal Rule of Civil 7 Procedure 8(b). One of Shellpoint's attorneys has been on maternity leave for several months, 8 returning only last week, and is currently preparing for trial. Another of Shellpoint's attorneys has 9 been out of the office for a family trip to South America since July 20. Additionally, counsel for 10 Shellpoint has been inundated with preliminary injunction motions, often filed on the eve of the 11 foreclosure sale and on an emergency basis, which have affected counsel's ability to complete and 12 finalize the response to the complaint in this matter. This is the parties' fourth and final request for an 13 extension of this deadline, and is not intended to cause any delay or prejudice to any party. 14 15 16 17 18 19 20 21 22 23 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 24 IT IS SO ORDERED. 25 26 27 UNITED STATES DISTRICT COURT JUDGE Case No. 2:22-cv-00678-RFB-BNW 28 August 2, 2022 DATED: __________________________ {64005761} 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?