The Bank of New York Mellon Trust Company, National Association f/k/a The Bank of New York Trust Company, N.A. as Successor to JP Morgan Chase Bank v. TBR I, LLC et al

Filing 47

ORDER granting ECF No. 46 Stipulation to Extend Deadline to File Response to ECF No. 44 Motion to Dismiss. Response due by 3/20/2018. Signed by Judge Miranda M. Du on 2/28/2018. (Copies have been distributed pursuant to the NEF - KW)

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WRIGHT, FINLAY & ZAK, LLP
Christina V. Miller, Esq.
Nevada Bar No. 12448
Krista J. Nielson, Esq.
Nevada Bar No. 10698
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff, The Bank of New York Mellon Trust Company, National Association fka The
Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, as Trustee for
Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass Through
Certificates Series 2004-KS5

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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THE BANK OF NEW YORK MELLON
TRUST COMPANY, NATIONAL
ASSOCIATION f/k/a THE BANK OF NEW
YORK TRUST COMPANY, N.A. AS
SUCCESSOR TO JP MORGAN CHASE
BANK, AS TRUSTEE FOR RESIDENTIAL
ASSET SECURITIES CORPORATION,
HOME EQUITY MORTGAGE ASSETBACKED PASS THROUGH CERTIFICATES
SERIES 2004-KS5,

Case No.: 3:17-cv-00059-MMD-WGC

STIPULATION AND ORDER TO
EXTEND DEADLINE TO FILE
RESPONSE TO MOTION TO DISMISS
FIRST AMENDED COMPLAINT
(First Request)

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Plaintiff,
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vs.
AIRMOTIVE INVESTMENTS, LLC.;
PECKHAM LANE TOWNHOUSE
ASSOCIATION INC.; E.ALAN TIRAS, ESQ.,
solely in his capacity as trustee for PECKHAM
LANE TOWNHOUSE ASSOCIATION INC.

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Defendants.
Plaintiff, The Bank of New York Mellon Trust Company, National Association fka The
Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, as Trustee for
Residential Asset Securities Corporation, Home Equity Mortgage Asset-Backed Pass Through

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Certificates Series 2004-KS5 (“BONY”), and Defendant, E. Alan Tiras, Esq. (“Tiras”)

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(collectively the “Parties”), by and through their counsel of record, hereby stipulate and agree as

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follows:

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On December 12, 2017, BONY filed its First Amended Complaint which added Tiras as

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a defendant [ECF No. 29]. On February 20, 2018, Tiras filed his Motion to Dismiss First

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Amended Complaint [ECF No. 44]. The deadline for BONY to respond to the Motion to Dismiss

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is currently March 6, 2018. The Parties have discussed extending the deadline for BONY to file

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its response to March 20, 2018.

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This is the first stipulation for extension of time for BONY to respond to Tiras’ Motion to

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Dismiss. The extension is requested for scheduling reasons and is made in good faith and is not

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for purposes of delay or prejudice to any other party.

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WHEREFORE, based on the foregoing, IT IS HEREBY STIPULATED AND AGREED

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that the deadline for BONY to file its response to Tiras’ Motion to Dismiss shall be extended to

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March 20, 2018.

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DATED this 28th day of February, 2018.

DATED this 28th day of February, 2018.

WRIGHT, FINLAY & ZAK, LLP

LAXALT & NOMURA, LTD.

/s/ Krista J. Nielson
Christina V. Miller, Esq.
Nevada Bar No. 12448
Krista J. Nielson, Esq.
Nevada Bar No. 10698
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff, The Bank of New York
Mellon Trust Company, National Association
fka The Bank of New York Trust Company,
N.A. as successor to JPMorgan Chase Bank,
as Trustee for Residential Asset Securities
Corporation, Home Equity Mortgage AssetBacked Pass Through Certificates Series
2004-KS5

/s/ Ryan W. Leary
Holly S. Parker, Esq.
Nevada Bar No. 10181
Ryan W. Leary, Esq.
Nevada Bar No. 11630
9600 Gateway Drive
Reno, Nevada 89521
Attorneys for Defendant, E. Alan Tiras,
Esq.

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IT IS SO ORDERED.

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DATED this ____ day of _______________, 2018.
28th
February

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_________________________________
U.S. DISTRICT JUDGE

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