Ditech Financial LLC et al v. TBR I, LLC et al

Filing 72

ORDER granting ECF No. 71 Stipulation to Consolidate (First Request). Plaintiffs by 2/15/2019 shall file their consolidated response and reply which includes a response to Airmotive's motion for partial summary judgment (ECF No. 70 ) and a reply supporting Plaintiffs' own motion for partial summary judgment (ECF No. 60 ). Signed by Judge Miranda M. Du on 2/11/2019. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 6 7 8 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 REX D. GARNER, ESQ. Nevada Bar No. 9401 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: rex.garner@akerman.com Attorneys for Plaintiffs Ditech Financial LLC f/k/a Green Tree Servicing LLC and Federal National Mortgage Association UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA AKERMAN LLP 1635 Village Center Circle, Suite 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 11 12 DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC AND FEDERAL NATIONAL MORTGAGE ASSOCIATION; 13 Case No.: STIPULATION AND ORDER TO CONSOLIDATE RESPONSE AND REPLY AND EXTEND DEADLINES TO FILE RESPONSE/REPLY BRIEF SUPPORTING SUMMARY JUDGMENT MOTION (First Request) Plaintiff, 14 vs. 15 TBR I, LLC; STONEFIELD II HOMEOWNERS ASSOCIATION, 16 3:16-cv-00227-MMD-WGC Defendants. 17 18 Ditech Financial LLC f/k/a Green Tree Servicing LLC and Federal National Mortgage 19 Association (Plaintiffs), Stonefield II Homeowners Association (Stonefield), and Airmotive 20 Investments LLC (Airmotive), by and through their respective counsel of record, stipulate as follows: 21 22 1. On November 20, 2018, Plaintiffs filed a motion for partial summary judgment [ECF #60]. A response was due on December 11, 2018. 23 2. 24 days [ECF #62]. 25 3. 26 On December 11, 2018, the parties stipulated to extend the responsive deadline for 30 This Court granted the parties' stipulation, and ordered that any opposition to the motion would be extended until January 11, 2019 [ECF #64] 27 28 1 1 2 4. On December 12, 2018, Stonefield filed a response to Plaintiffs' motion for summary judgment [ECF No. 63] and Plaintiffs filed their reply on December 21, 2018 [ECF No. 66]. 3 5. As a result of the holidays and family obligations, and that Airmotive's counsel had 4 been required to prepare several appellate briefs and respond to numerous summary judgment motions 5 filed in various cases, Airmotive's counsel and Plaintiffs' counsel stipulated to extend Airmotive's 6 response deadline [ECF No. 67]. 7 8 6. file an opposition to the motion would be extended until January 25, 2019 [ECF No. 68]. 9 AKERMAN LLP 1635 Village Center Circle, Suite 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 10 7. On January 25, 2019, Airmotive filed its response to Plaintiffs' motion for partial summary judgment [ECF No. 69]. Plaintiffs' reply is due February 8, 2019. 11 12 This Court granted the parties' stipulation, and ordered that Airmotive's deadline to 8. Also on January 25, 2019, Airmotive filed its own motion for partial summary judgment [ECF No. 70]. Plaintiffs' response is due February 15, 2019. 13 9. The parties stipulate that Plaintiffs will file a consolidated response and reply to include 14 a response to Airmotive's motion for partial summary judgment and a reply supporting Plaintiffs' own 15 motion for partial summary judgment. 16 17 10. The parties stipulate Plaintiffs shall file their consolidated response/reply by February 15, 2019. 18 11. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 This is the first request for an extension of time on Plaintiffs' reply deadline. /// 28 2 Case 3:16-cv-00227-MMD-WGC Document 71 Filed 02/08/19 Page 3 of 3 1 12. The parties agree this extension is not intended to cause delay or prejudice, but to 2 accommodate counsel's schedule and to preserve counsel and judicial resources by consolidating the 3 response and reply. 4 5 DATED: February 8, 2019 DATED: February 8, 2019 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 11 12 13 AKERMAN LLP TYSON & MENDES LLP /s/ Rex D. Garner______________________ ARIEL E. STERN, ESQ. Nevada Bar No. 8276 REX D. GARNER, ESQ. Nevada Bar No. 9401 1635 Village Center Circle, Suite 200 Las Vegas, NV 89134 /s/ Christopher A. Lund_____________________ THOMAS E. MCGRATH, ESQ. Nevada Bar No. 12435 CHRISTOPHER A. LUND Nevada Bar No. 12435 3960 Howard Hughes Parkway, Suite 600 Las Vegas, Nevada 89169 Attorneys for Plaintiffs Ditech Financial LLC Attorneys for Stonefield II Homeowners Association f/k/a Green Tree Servicing LLC and Federal National Mortgage Association 14 ROGER P. CROTEAU & ASSOCIATES, LTD. 15 18 /s/ Timothy E. Rhoda ROGER P. CROTEAU, ESQ. Nevada Bar No. 4958 TIMOTHY E. RHODA, ESQ. Nevada Bar No. 7878 9120 W. Post Road, Suite 100 Las Vegas, Nevada 89148 19 Attorneys for Airmotive Investments, LLC 16 17 20 ORDER 21 22 23 IT IS SO ORDERED. UNITED STATES DISTRICT JUDGE 24 25 February 11, 2019 DATED 26 27 28 3

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