Bank Of New York Mellon v. Highland Ranch Homeowners Association et al

Filing 82

ORDER granting ECF No. 81 Stipulation re ECF No. 1 Complaint. Kern & Associates Ltd. answer/response due by 11/26/2019. Signed by Magistrate Judge William G. Cobb on 11/5/2019. (Copies have been distributed pursuant to the NEF - LH)

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GAYLE A. KERN, ESQ.
Nevada Bar No. 1620
KAREN M. AYARBE, ESQ.
Nevada Bar No. 3358
LEACH KERN GRUCHOW
ANDERSON SONG
5421 Kietzke Lane, Ste. 200
Reno, Nevada 89511
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Gayle A. Kern, Ltd., dba Kern & Associates, Ltd.
UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Case No.: 3:16-cv-00436-RCJ-WGC

THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK AS TRUSTEE
FOR THE CERTIFICATE HOLDERS CWALT,
INC. ALTERNATIVE LOAN TRUST 20053CB
MORTGAGE
PASS-THROUGH
CERTIFICATES, SERIES 2005-3CB

STIPULATION AND ORDER TO
EXTEND
DEADLINE
FOR
DEFENDANT GAYLE A. KERN,
LTD., dba KERN & ASSOCIATES,
LTD.,
TO
ANSWER
OR
OTHERWISE
RESPOND
TO
PLAINTIFF’S COMPLAINT

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Plaintiff,
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v.
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HIGHLAND
RANCH
HOMEOWNERS
ASSOCIATION; KERN & ASSOCIATES,
LTD.;
TBR
I,
LLC;
AIRMOTIVE
INVESTMENTS LLC; DOE INDIVIDUALS IX, inclusive, and ROE CORPORATIONS I-X,
inclusive,

(Second Request)

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Defendants.
_______________________________________/

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IT IS HEREBY STIPULATED between Plaintiff, The Bank of New York Mellon fka

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The Bank of New York as Trustee for the Certificate Holders CWALT, Inc. Alternative Loan

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Trust 2005-3CB Mortgage Pass-Through Certificates, Series 2005-3CB (“BNY”), by and
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through its attorneys of record, Akerman, LLP, and Defendant, Gayle A. Kern, Ltd., dba Kern
& Associates, Ltd. (“Kern”), by and through its counsel Leach Kern Gruchow Anderson Song

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to extend the deadline for Kern to answer or otherwise respond to BNY’s Complaint from

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November 5, 2019 up to and including November 26, 2019.

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Scheduled discovery was conducted during the month of October. The Parties are now
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circulating for approval a stipulation to dismiss Kern from this matter. Despite undersigned

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counsels’ diligent efforts, the submission of a stipulated dismissal by the current November 5,

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2019 deadline may not be possible. In an abundance of caution, it is respectfully requested that

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the Court approve this Stipulation and extend the date for Kern’s response up to and including

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November 26, 2019, while the Parties will continue their efforts to finalize Kern’s dismissal.
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This is the second request for an extension of time, upon remand, and it is not intended

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to cause any delay or prejudice to any party.

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DATED this 5th day of November, 2019.

DATED this 5th day of November, 2019.

LEACH KERN GRUCHOW
ANDERSON SONG

AKERMAN, LLP

/s/ Karen M. Ayarbe, Esq.
KAREN M. AYARBE, ESQ.
Nevada Bar No. 3358
5421 Kietzke Lane, Ste. 200
Reno, NV 89511
Tel: [phone]
Attorneys for Kern & Associates, Ltd.

/s/ Darren T. Brenner, Esq.
DARREN T. BRENNER, ESQ.
Nevada Bar No. 8386
1635 Village Center Circle, Ste. 200
Las Vegas, NV 89134
Tel: [phone]
Attorneys for Plaintiff

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ORDER

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IT IS SO ORDERED.

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DATED this 5th day of November, 2019.

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__________________________________
U.S. MAGISTRATE JUDGE

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