Xavier and John's Real Estate and Investments Series LLC 6 v. HSBC Bank USA

Filing 18

ORDER Granting 15 Stipulation for Extension of Time (First Request) to Extend Briefing Deadlines re 10 Motion to Remand to State Court, 11 Motion for Attorney Fees. Responses due by 3/19/2025. Replies due by 3/26/2025. Signed by Magistrate Judge Brenda Weksler on 3/5/2025. (Copies have been distributed pursuant to the NEF - ALZ)

1
2
3
4
5
6
7
8

Kelly H. Dove
Nevada Bar No. 10569
Jennifer B. Lustig
Nevada Bar No. 9110
SNELL & WILMER L.L.P.
1700 South Pavilion Center Drive, Suite 700
Las Vegas, Nevada 89135
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant HSBC Bank USA
as Trustee for NAAC 2006-AR3
UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10

Snell & Wilmer

L.L.P.
LAW OFFICES
1700 South Pavilion Center Drive , Suite 700
Las Vegas, Nev ada 8913 5
702.784 .5200

11
12

XAVIER AND JOHN’S REAL ESTATE
AND INVESTMENTS SERIES LLC 6, a
Nevada limited liability company,

13
14
15
16
17

Plaintiff,
v.
HSBC BANK USA AS TRUSTEE FOR
NAAC 2006-AR3; a national banking
association; DOES I through X; and ROE
BUSINESS ENTITIES I through X, inclusive,

20
21
22
23
24
25
26
27

STIPULATION AND ORDER TO
EXTEND BRIEFING DEADLINES ON
PLAINTIFF’S MOTION TO REMAND
TO STATE COURT AND FOR
ATTORNEY’S FEES AND COSTS
UNDER 28 U.S.C. 1447(C)
[ECF Nos. 10, 11]
(First Request)

Defendants.

18
19

Case No. 2:25-cv-00277-BNW

THIS STIPULATION is entered into by and between Plaintiff Xavier and John’s Real
Estate and Investments Series LLC 6 (“Xavier and John’s”) and Defendant HSBC Bank USA
(“HSBC”, and together with Xavier and John’s, the “Parties”), by and through undersigned counsel,
to extend the deadline to file the Motion to Remand deadline from March 5, 2025 to March 19,
2025 based on the following:
1.

On February 19, 2025, Xavier and John’s filed a Motion to Remand (“Remand

Motion”) [ECF No. 10] and a Motion For Attorney’s Fees and Costs Under 28 U.S.C. 1447(c)
(“Fees Motion”) [ECF No. 11.]

28
4897-6176-1312

1

2.

2

March 5, 2025.

3

3.

resolution discussions to develop prior to incurring unnecessary legal fees, the Parties seek an

5

extension of time for HSBC to respond to the Remand Motion and the Fees Motion.
NOW THEREFORE, based on the foregoing and subject to Court approval, the Parties

7

agree as follows:

8

1.

9

The Parties stipulate and agree to extend the deadline for HSBC to respond to the

Remand Motion and the Fees Motion, up to and including March 19, 2025.

10

L.L.P.
LAW OFFICES
1700 South Pavilion Center Drive , Suite 700
Las Vegas, Nev ada 8913 5
702.784 .5200

The Parties are actively engaging in early resolution discussions. To allow early

4

6

Snell & Wilmer

HSBC’s current deadline to respond to the Remand Motion and the Fees Motion is

2.

The Parties further stipulate and agree to extend the deadline for Xavier and John’s

11

to file its reply in support of the Remand Motion and the Fees Motion, up to and including March

12

26, 2025.

13

3.

14
15
16
17
18
19
20
21
22
23
24
25

This extension request is sought in good faith and is not made for the purpose of

delay.
IT IS SO STIPULATED.
Dated: March 3, 2025.

Dated: March 3, 2025.

HONG & HONG LAW OFFICE

SNELL & WILMER L.L.P.

By: /s/ Joseph Y. Hong
Joseph Y. Hong (NV Bar No. 005995)
1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135
Attorneys for Plaintiff Xavier and John’s
Real Estate and Investments Series LLC 6

By: /s/ Jennifer B. Lustig
Kelly H. Dove (NV Bar No. 10569)
Jennifer B. Lustig (NV Bar No. 9110)
1700 South Pavilion Center Drive
Suite 700
Las Vegas, Nevada 89135
Attorneys for Defendant HSBC Bank USA

IT IS SO ORDERED.

26

UNITED STATES MAGISTRATE JUDGE

27

DATED: 3/5/2025

28
4897-6176-1312

-2-

1

Respectfully submitted by:

2

SNELL & WILMER L.L.P.

3
4
5
6
7
8

By: /s/ Jennifer B. Lustig
Kelly H. Dove, Esq.
Nevada Bar No. 10569
Jennifer B. Lustig, Esq.
Nevada Bar No. 9110
1700 South Pavilion Center Drive
Suite 700
Las Vegas, Nevada 89135
Attorneys for Defendant HSBC Bank USA

9
10

Snell & Wilmer

L.L.P.
LAW OFFICES
1700 South Pavilion Center Drive , Suite 700
Las Vegas, Nev ada 8913 5
702.784 .5200

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4897-6176-1312

-3-