Wells Fargo Bank, N.A. et al v. Residential Land Corporation of Nevada et al

Filing 44

ORDER granting ECF No. 43 Joint Motion to Extend Time : Notice of Appeal is due by 7/29/2019. Signed by Judge Larry R. Hicks on 7/1/2019. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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NATIONSTAR MORTGAGE LLC; FEDERAL )
NATIONAL MORTGAGE ASSOCIATION, )
)
Plaintiffs, )
)
vs.
)
)
RESIDENTIAL LAND CORPORATION OF )
NEVADA; LVDG LLC SERIES 107; THE
)
MEADOWS HOMEOWNERS
)
ASSOCIATION; ALESSI & KOENIG, LLC, )
)
Defendants. )
)

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Case No. 3:17-cv-00324-LRH-WGC

ORDER REGARDING:

JOINT MOTION TO EXTEND TIME TO FILE NOTICE OF APPEAL

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COMES NOW Plaintiffs, NATIONSTAR MORTGAGE LLC and FEDERAL

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NATIONAL MORTGAGE ASSOCIATION, and Defendants, RESIDENTIAL LAND

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CORPORATION OF NEVADA and LVDG LLC SERIES 107, by and through their undersigned

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counsel, and hereby jointly move this Court to extend the time to file a Notice of Appeal in this

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matter, stating as follows:

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1.

On May 28, 2019, this Court entered an Order granting Plaintiffs’ Motion for

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Partial Summary Judgment. [ECF #41]. On the same date, a Final Judgment was

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entered. [ECF #42].
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2.

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Since the entry of the final judgment, the parties have been discussing the terms of
an amicable settlement of all claims at issue between them in this matter.

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3.

The current deadline to file a Notice of Appeal is June 27, 2019.

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4.

The parties desire to continue settlement discussions with the hope that an

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amicable resolution may be reached before incurring the cost and expense of an

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appeal.

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5.

Fed. R. App. P. 4 provides in pertinent part as follows:
(5) Motion for Extension of Time.
(A) The district court may extend the time to file a notice of appeal
if:
(i) a party so moves no later than 30 days after the time prescribed
by this Rule 4(a) expires; and
(ii) regardless of whether its motion is filed before or during the 30
days after the time prescribed by this Rule 4(a) expires, that party
shows excusable neglect or good cause.
(B) A motion filed before the expiration of the time prescribed in
Rule 4(a)(1) or (3) may be ex parte unless the court requires
otherwise. If the motion is filed after the expiration of the
prescribed time, notice must be given to the other parties in
accordance with local rules.
(C) No extension under this Rule 4(a)(5) may exceed 30 days after
the prescribed time or 14 days after the date when the order
granting the motion is entered, whichever is later.

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6.

Pursuant to Fed. R. App. P. 4, the parties hereto respectfully request that this

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Court enter an Order extending the deadline to file a Notice of Appeal herein until
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(a) July 29, 2019 (because July 27, 2019 falls on a Saturday) or (b) until 14 days
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after an Order granting this Motion is entered, whichever is later.
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7.

This Motion is made in good faith and not for purpose of delay.

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Dated this

27th

day of June, 2019.

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ROGER P. CROTEAU &
ASSOCIATES, LTD.

SNELL & WILMER L.L.P.

/s/ Timothy E. Rhoda
TIMOTHY E. RHODA, ESQ.
Nevada Bar No. 7878
2810 W. Charleston Blvd, Suite 75
Las Vegas, Nevada 89148
[phone]
[e-mail]
Attorney for Defendants
Residential Land Corporation
of Nevada and LVDG, LLC [Series 107]

/s/ Nathan Guy Kanute
NATHAN GUY KANUTE, ESQ.
Nevada Bar No. 12413
50 W. Liberty St., Ste. 510
Reno, NV 89501-1961
775-785-5440
775-785-5441 (fax)
[e-mail]
Attorney for Plaintiffs
Nationstar Mortgage LLC and
Federal National Mortgage Association

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IT IS SO ORDERED.

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By:
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Judge, U.S. District Court
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE
Dated: this 1st day of July, 2019.

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