Lundeen et al v. Bank Of New York Mellon, No. 2:2017cv01981 - Document 24 (D. Nev. 2018)
Court Description: ORDER granting 23 Motion to Extend Deadlines. Motions due by 6/25/2018. Proposed Joint Pretrial Order due by 7/25/2018. Signed by Magistrate Judge Carl W. Hoffman on 4/26/2018. (Copies have been distributed pursuant to the NEF - MMM)
Download PDF
<![CDATA[
Lundeen et al v. Bank Of New York Mellon Doc. 24 Case 2:17-cv-01981-JAD-CWH Document 23 Filed 04/25/18 Page 1 of 6 1 2 3 4 5 6 7 8 AKERMAN LLP Attorneys for The Bank of New York Mellon, as Trustee for the Certificate Holders of the CWALT, Inc., Alternative Loan Trust, 2006-40T1 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 JAMIE K. COMBS, ESQ. Nevada Bar No. 13088 AKERMAN LLP 1635 Village Center Circle, Suite 200 Las Vegas, Nevada 89134 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: jamie.combs@akerman.com 12 ARTHUR GREGORY LUNDEEN IV and AUDRA MARIE LUNDEEN, 13 14 15 16 17 18 19 Case No.: 2:17-cv-01981-JAD-CWH MOTION TO EXTEND DISPOSITIVE MOTION AND JOINT PRETRIAL ORDER DEADLINE. Plaintiffs, v. THE BANK OF NEW YORK MELLON CORPORATION AKA THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 200640T1, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-40T1; DOES IX; and ROES 1-10, inclusive, 20 (FIRST REQUEST) Defendants. 21 22 Pursuant to LR IA 6-1, The Bank of New York Mellon, as Trustee for the Certificate Holders 23 of the CWALT, Inc., Alternative Loan Trust, 2006-40T1 (BoNYM) moves to extend the dispositive 24 motion deadline and the joint pre-trial order deadline by sixty (60) days. This is BoNYM's first 25 request for an extension of the dispositive motion and joint pre-trial order deadlines. 26 27 28 1 45037558;1 Dockets.Justia.com Case 2:17-cv-01981-JAD-CWH Document 23 Filed 04/25/18 Page 2 of 6 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 Pursuant to the current scheduling order, ECF No. 19, the deadline to file dispositive motions 3 is April 25, 2018. BoNYM requests this deadline be postponed by 60 days to allow it to consider a 4 currently pending settlement offer. The parties orally agreed to postpone the deadlines, and intended 5 to submit a stipulation to that effect. See Decl. of Jamie K. Combs, attached as Exhibit A. However, 6 because undersigned counsel has not yet obtained written confirmation of Plaintiff’s counsel to e- 7 sign and file the stipulation, she files this motion out of an abundance of caution. Id. 8 A. Procedural History 9 Plaintiffs filed the underlying complaint in the Eighth Judicial District Court on or about May 10 9, 2017. Plaintiffs subsequently filed an amended complaint, and served BoNYM on June 22, 2017. 11 BoNYM filed a Petition for removal on July 20, 2017. ECF No. 1. BoNYM filed a motion to 12 dismiss on September 25, 2018. ECF No. 12. The motion to dismiss is fully briefed and pending 13 decision. The parties filed a proposed discovery plan/scheduling order on January 16, 2018, which 14 was approved on January 19, 2018. ECF Nos. 19, 20. Per the order, the dispositive motion deadline 15 expires on April 25, 2018. 16 B. Good Cause to Extend Deadlines 17 Counsel for the parties met in person to discuss settlement on March 6, 2018, during which 18 time a settlement offer was conveyed to BoNYM. At this meeting, counsel for the parties orally 19 agreed to postpone the upcoming deadlines during the settlement negotiations, and intended to 20 submit a stipulation to that effect. The following week, on March 13, 2018, the parties agreed to 21 allow an appraisal to be done to assist with the settlement negotiations. The parties are currently 22 awaiting the completion of the appraisal. 23 Counsel for BoNYM prepared and sent Plaintiffs’ counsel a stipulation to extend deadlines 24 on March 21, 2018 via e-mail. A follow-up e-mail was sent on March 26, 2018, and on April 9, 25 2018. Shortly thereafter, counsel for BoNYM spoke to Plaintiffs’ counsel’s assistant on the phone, 26 who indicated the stipulation had been mailed. BoNYM’s counsel has not yet received the signed 27 stipulation and order, and was unable to reach Plaintiffs’ counsel to obtain approval to e-sign the 28 2 45037558;1 Case 2:17-cv-01981-JAD-CWH Document 23 Filed 04/25/18 Page 3 of 6 1 stipulation. The parties wish to avoid the expense of dispositive motion briefing in the event they 2 are able to reach settlement. 3 In addition, BoNYM has a motion to dismiss fully briefed and pending. ECF No. 12, 17. 4 Extension of the dispositive motion deadline would allow additional time for an order to be entered 5 on the motion to dismiss before the parties prepare additional briefing, which could be unnecessary 6 depending on the result of the motion to dismiss. 7 BoNYM's requested extension would place the new deadlines as follows: 8 Dispositive Motion Deadline: June 25, 2018. 9 Joint Pre-Trial Order Deadline: July 25, 2018. 10 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 This motion is not intended for the purpose of delay or to prejudice any party, but to allow the parties to finish settlement discussions before incurring additional litigation costs. 12 DATED this 25th day of April, 2018. 13 AKERMAN LLP 14 /s/ _Jamie K. Combs, Esq._____________ ARIEL E. STERN, ESQ. Nevada Bar No. 8276 JAMIE K. COMBS, ESQ. Nevada Bar No. 13088 1635 Village Center Circle, Ste. 200 Las Vegas, Nevada 89134 Attorneys for Bank of America, N.A. 15 16 17 18 19 20 21 April 26, 2018 22 23 24 25 26 27 28 3 45037558;1 Case 2:17-cv-01981-JAD-CWH Document 23 Filed 04/25/18 Page 4 of 6 1 CERTIFICATE OF SERVICE 2 I HEREBY CERTIFY that on this 25th day of JApril, 2018 and pursuant to FRCP 5(b)(2)(E), 3 I caused service via U.S. District Court's Case Management/Electronic Case Files (CM/ECF) system 4 a true and correct copy of the foregoing MOTION TO EXTEND DEADLINES, addressed to: 5 6 7 8 Fred W Kennedy, Esq. Fred W. Kennedy 719 South 6th Street Las Vegas, NV 8910 Attorney for Plaintiff /s/ Jamie K. Combs An employee of AKERMAN LLP 9 10 AKERMAN LLP 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 45037558;1 Case 2:17-cv-01981-JAD-CWH Document 23 Filed 04/25/18 Page 5 of 6 Exhibit A Case 2:17-cv-01981-JAD-CWH Document 23 Filed 04/25/18 Page 6 of 6 1 2 3 4 5 6 penalty of perjury, as follows: 1. I am a duly licensed attorney admitted to practice in the State of Nevada. I am an attorney at Akerman LLP and counsel of record for BoNYM in this matter. 2. I have personal knowledge of the facts and circumstances set forth in this declaration as specified herein and could and would competently testify to these facts and circumstances in a 8 court of law. 10 11 AKERMAN LLP I, Jamie K. Combs, Esq., counsel for Bank of New York Mellon (BoNYM) declare, under 7 9 1635 VILLAGE CENTER CIRCLE, SUITE 200 LAS VEGAS, NEVADA 89134 TEL.: (702) 634-5000 – FAX: (702) 380-8572 DECLARATION OF JAMIE K. COMBS 12 13 3. Fred Kennedy, Esq. and I met in person to discuss settlement on March 6, 2018, during which time a settlement offer was conveyed to BoNYM. 4. At this meeting, we orally agreed to postpone the upcoming deadlines during the settlement negotiations, and intended to submit a stipulation to that effect. 5. The following week, on March 13, 2018, the parties agreed to allow an appraisal to be 14 done to assist with the settlement negotiations. We are currently awaiting the completion of the 15 appraisal. 16 6. I prepared and sent Mr. Kennedy a stipulation to extend deadlines on March 21, 2018 17 via e-mail. I sent follow-up e-mails on March 26, 2018, and on April 9, 2018. Shortly thereafter, I 18 spoke to Plaintiffs’ counsel’s assistant on the phone, who indicated the stipulation had been mailed. 19 20 21 22 23 7. I have not yet received the signed stipulation and order, and was unable to reach Plaintiffs’ counsel today to obtain approval to e-sign the stipulation. 8. The parties wish to avoid the expense of dispositive motion briefing in the event they are able to reach settlement. 9. I declare under penalty of perjury that the foregoing is true and correct. 24 25 /s/ Jamie K. Combs 26 Jamie K. Combs, Esq. 27 28 5 45037558;1
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
