Deutsche Bank National Trust Company v. Garner et al

Filing 37

ORDER granting ECF No. 36 Stipulation for Extension of time regarding ECF Nos. 22 , 23 , and 24 Motions for Summary Judgment. All replies due by 11/28/2017. Signed by Judge Larry R. Hicks on 11/21/2017. (Copies have been distributed pursuant to the NEF - LH)

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Case 3:17-cv-00072-LRH-WGC Document 36 Filed 11/21/17 Page 1 of 4 1 2 3 4 5 6 7 WRIGHT, FINLAY & ZAK, LLP Edgar C. Smith, Esq. Nevada Bar No. 5506 Joseph A. Dragon, Esq. Nevada Bar No. 13682 7785 W. Sahara Avenue, Suite 200 Las Vegas, Nevada 89117 (702) 475-7964; Fax: (702) 946-1345 jdragon@wrightlegal.net Attorney for Plaintiff/Counter-Defendant, Deutsche Bank National Trust Company, as Trustee for New Century Home Equity Loan Trust, Series 2005-C, Asset Backed Pass-Through Certificates 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST, SERIES 2005-C, ASSET BACKED PASSTHROUGH CERTIFICATES, 14 15 16 17 18 19 20 21 Plaintiff, vs. LEMMIE GARNER; SUSAN CARLILE; and WOODLAND VILLAGE HOMEOWNERS ASSOCIATION, Case No.: 3:17-CV-00072-LRH-WGC STIPULATION AND ORDER TO EXTEND THE TIME FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, AND DEFENDANT WOODLAND VILLAGE H OMEOWNERS ASSOCIATION, DEADLINES TO FILE REPLY’S TO EACH OTHERS RESPONSES TO EACH OTHERS CROSS MOTIONS FOR SUMMARY JUDGMENT [ECF. NO. ‘s 22, 23 and 24] Defendants. LEMMIE GARNER; SUSAN CARLILE, Counterclaimant, vs. 22 23 24 25 26 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST, SERIES 2005-C, ASSET BACKED PASSTHROUGH CERTIFICATES, Counter-Defendant. 27 28 Page 1 of 4 Case 3:17-cv-00072-LRH-WGC Document 36 Filed 11/21/17 Page 2 of 4 1 COMES NOW, Plaintiff/Counter-Defendant, Deutsche Bank National Trust Company, 2 as Trustee for New Century Home Equity Loan Trust, Series 2005-C, Asset Backed Pass- 3 Through Certificates (hereinafter “Deutsche Bank” or “Plaintiff”), by and through their 4 attorneys of record, Edgar C. Smith, Esq. and Joseph A. Dragon, Esq., of the law firm of 5 6 WRIGHT, FINLAY & ZAK, LLP, and Defendant Woodland Village Homeowners Association 7 (hereinafter “Defendant” or “Woodland”), by and through their attorney of record, Donna 8 Zanetti, Esq. of the Law Firm of Leach, Johnson, Song & Gruchow, hereby stipulate as follows: 9 On October 11, 2017, Plaintiff filed a Motion for Summary Judgment Regarding 10 Statutorily Defective Foreclosure Sale [ECF. No. 22]. On that same date, Plaintiff filed a Motion 11 12 for summary judgment based on the Unconstitutionality of NRS 116 [ECF No. 24]. Further on 13 the same date the HOA filed a Motion for Summary Judgment [ECF No. 23]. (hereinafter “the 14 Motions”). On November 7, 2017, the Parties filed Responses to each others cross Motions. The 15 Parties Reply to each others responses is due on November 21, 2017. The Parties hereby agree to 16 extend the deadline for Deutsche Bank and the HOA to file and serve their Reply’s to each 17 18 others Reponses from November 21, 2017 to November 28, 2017. This is the Parties’ second 19 request for an extension of this deadline and is not intended to cause any delay or prejudice to 20 any party. 21 DATED this 21st day of November, 2017. DATED 21st day of November, 2017. 23 WRIGHT, FINLAY & ZAK, LLP 24 /s/ Joseph Dragon ___________ Edgar C. Smith, Esq. Nevada Bar No. 5506 Joseph A. Dragon, Esq. Nevada Bar No. 13682 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 Attorney for Plaintiff/Counter-Defendant, Deutsche Bank National Trust Company, as LEACH, JOHNSON, SONG & GRUCHOW 22 25 26 27 28 /s/ Donna Zanetti _____ Donna Zanetti Esq. Nevada Bar No. 12904 8945 West Russell Road, Suite 330 Las Vegas, Nevada 89148 Attorney for Woodland Village Homeowners Association Page 2 of 4 2 Case 3:17-cv-00072-LRH-WGC Document 36 Filed 11/21/17 Page 3 of 4 1 2 3 4 5 Trustee for New Century Home Equity Loan Trust, Series 2005-C, Asset Backed PassThrough Certificates ORDER IT IS HEREBY ORDERED that the Parties shall have until November 28, 2017, to file and serve Reply’s to each others Motions for Summary Judgment. Replies 6 7 IT IS SO ORDERED. 8 DATED this ___ day of _________, 2017 this 21st day of November, 2017. 9 10 11 Respectfully Submitted by: WRIGHT, FINLAY & ZAK, LLP ________________________________ UNITED STATES DISTRICT JUDGE LARRY R. HICKS UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 /s/ Joseph A. Drogon Edgar C. Smith, Esq. Nevada Bar No. 5506 Joseph A. Dragon, Esq. Nevada Bar No. 13682 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 Attorney for Plaintiff/Counter-Defendant, Deutsche Bank National Trust Company, as Trustee for New Century Home Equity Loan Trust, Series 2005-C, Asset Backed Pass-Through Certificates 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE Page3 of 4 3

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