Jacobsen v. Clear Recon Corp et al

Filing 11

ORDER granting 10 Motion for Extension of Time to Respond to 4 Motion for TRO. (Responses due by 10/16/2015.) Signed by Judge Miranda M. Du on 10/7/15. (Copies have been distributed pursuant to the NEF - JC)

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Nathan Kanute, Esq.
Nevada Bar No. 12413
Erica Stutman, Esq.
Nevada Bar No. 10794
SNELL & WILMER L.L.P.
50 W. Liberty Street, Ste. 510
Reno, NV 89501-1961
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for HSBC BANK USA, N.A.

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IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MATT P. JACOBSEN,

LAW OFFICES
50 W. LIBERTY STREET, STE. 510
RENO, NEVADA 89501
[phone]

Snell & Wilmer
L.L.P.

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Plaintiff,

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vs.

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CLEAR RECON CORP, HSBC BANK
USA N.A., PHH MORTGAGE
CORPORATION,

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CASE NO. 3:15-cv-00504-MMD-VPC
HSBC BANK USA, N.A.’S REQUEST
FOR EXTENSION OF TIME TO
RESPOND TO PLAINTIFF’S MOTION
FOR TEMPORARY RESTRAINING
ORDER (FIRST REQUEST)
EXPEDITED CONSIDERATION
REQUESTED

Defendants.

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Defendant HSBC Bank USA, N.A. (“HSBC Bank”) received Plaintiff’s Ex Parte

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Application for Temporary Restraining Order (the “TRO Motion”) on the afternoon of Monday,

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October 5, 2015. In the TRO Motion, Plaintiff seeks to enjoin a trustee’s sale of his property

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scheduled for Thursday, October 8, 2015. The Court ordered defendants to respond to the TRO

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Motion by Wednesday, October 7, 2015, which is the day before the scheduled sale. To

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adequately respond to the TRO Motion, HSBC Bank requires more time to consider Plaintiff’s

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allegations and ascertain the status of any pending request for loan modification. So that Plaintiff

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will not be prejudiced by this requested extension, HSBC Bank has advised the trustee, Clear

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Recon Corp., through its counsel, to postpone the sale for at least two weeks – to a date no sooner

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than October 22, 2015.

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In light of the sale postponement, HSBC Bank requests that its deadline to respond to the

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TRO Motion be extended until Friday, October 16, 2015. The undersigned spoke to plaintiff by

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telephone for his position on this requested extension to respond, and he does not oppose this

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requested extension.

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A proposed order is submitted concurrently with this motion.

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Dated: October 7, 2015

SNELL & WILMER L.L.P.

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By:

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/s/ Nathan G. Kanute
Erica J. Stutman
Nevada Bar No. 10794
Nathan Kanute
Nevada Bar No. 12413
SNELL & WILMER L.L.P.
50 W. Liberty Street, Ste. 510
Reno, NV 89501-1961
Telephone: [phone]
Facsimile: [phone]

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Attorneys for HSBC BANK USA, N.A.

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LAW OFFICES
50 W. LIBERTY STREET, STE. 510
RENO, NEVADA 89501
[phone]

Snell & Wilmer
L.L.P.

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CERTIFICATE OF SERVICE

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I, the undersigned, declare under penalty of perjury, that I am over the age of eighteen

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(18) years, and I am not a party to, nor interested in, this action. On this date, I electronically

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filed the foregoing HSBC BANK USA, N.A.’S REQUEST FOR EXTENSION OF TIME

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TO RESPOND TO PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING

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ORDER (FIRST REQUEST) using the CM/ECF system which will send a notice of electronic

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filing to all parties as listed on the Notice of Electronic Filing.

REQUEST FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S MOTION

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FOR TEMPORARY RESTRAINING ORDER (FIRST REQUEST) by the method

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indicated:

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LAW OFFICES
50 W. LIBERTY STREET, STE. 510
RENO, NEVADA 89501
[phone]

I also caused to be served a true and correct copy of HSBC BANK USA, N.A.’S

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Snell & Wilmer
L.L.P.

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Electronic Mail

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U.S. Certified Mail

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Facsimile Transmission

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Overnight Mail

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and addressed to the following:
Matt P. Jacobsen
1311 La Loma Drive
Carson City, NV 89701
[e-mail]
Plaintiff in Pro Per

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DATED October 7, 2015

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/s/ Lara J. Taylor
An Employee of Snell & Wilmer LLP
22658896

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Nathan Kanute, Esq.
Nevada Bar No. 12413
Erica Stutman, Esq.
Nevada Bar No. 10794
SNELL & WILMER L.L.P.
50 W. Liberty Street, Ste. 510
Reno, NV 89501-1961
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for HSBC BANK USA, N.A.

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IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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MATT P. JACOBSEN,

LAW OFFICES
50 W. LIBERTY STREET, STE. 510
RENO, NEVADA 89501
[phone]

Snell & Wilmer
L.L.P.

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Plaintiff,

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vs.

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CLEAR RECON CORP, HSBC BANK
USA N.A., PHH MORTGAGE
CORPORATION,

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CASE NO. 3:15-cv-00504-MMD-VPC
ORDER GRANTING HSBC BANK USA,
N.A.’S REQUEST FOR EXTENSION OF
TIME TO RESPOND TO PLAINTIFF’S
MOTION FOR TEMPORARY
RESTRAINING ORDER (FIRST
REQUEST)

Defendants.

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This matter having come before the Court pursuant to Defendant HSBC Bank USA,
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N.A.’s (“HSBC Bank”) Request for Extension of Time to Respond to Plaintiff’s Motion for
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Temporary Restraining Order (First Request) filed on October 7, 2015; the Court having
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previously ordered HSBC Bank to respond to Plaintiff’s Ex Parte Application for Temporary
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Restraining Order (the “TRO Motion”) by Wednesday, October 7, 2015; HSBC Bank requiring
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more time to adequately respond to the TRO Motion; Plaintiff not being prejudiced by the
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requested extension; and good cause appearing to grant the extension:
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IT IS HEREBY ORDERED that:
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///
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Case 3:15-cv-00504-MMD-VPC Document 10-1 Filed 10/07/15 Page 2 of 2

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1.

HSBC Bank’s Request for Extension of Time to Respond to Plaintiff’s Motion for

Temporary Restraining Order (First Request) is hereby GRANTED.
2.

HSBC Bank shall have until Friday, October 16, 2015 to file its response to the

TRO Motion.

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IT IS SO ORDERED

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Dated this _7th_ day of October 2015.

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UNITED STATES DISTRICT COURT JUDGE

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LAW OFFICES
50 W. LIBERTY STREET, STE. 510
RENO, NEVADA 89501
[phone]

Snell & Wilmer
L.L.P.

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