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Agha-Khan v. Wells Fargo Bank, NA

United States District Court, D. Nevada

January 24, 2017

SALMA AGHA-KHAN, MD., an individual, Plaintiff,
v.
WELLS FARGO BANK, NA, A U.S. BANK; WELLS FARGO FINANCIAL NATIONAL BANK, A National Banking Association; WELLS FARGO HOME MORTGAGE, a Wells Fargo Bank, NA subsidiary; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware agency/corporation, form unknown; MERSCORP HOLDINGS INC, holding/parent company of MERS INC.; TBI MORTGAGE COMPANY, a mortgage company; GMAC MORTGAGE, LLC FKA GMAC MORTGAGE CORPORATION, a financial lending business; OCWEN FINANCIAL CORPORATION, a financial concern, form unknown; MARIN CONVEYANCING CORP AKA MARIN CONVEYANCING CORPORATION, a lending corporation form unknown; EXECUTIVE TRUSTEE SERVICES, LLC, a defunct Delaware company form unknown; FIRST AMERICAN TITEL COMPANY, a title agency form unknown; FIRST AMERICAN TITLE INSURANCE COMPANY, a title Insurance company form unknown; ROUTH CRABTREE OLSEN PS, a law firm in California; EDWARD T. WEBER, an individual and attorney at Routh Crabree Olsen PS; BRETT P. RYAN, an individual and attorney at Routh Crabree Olsen PS; JOHNATHAN J. DAMEN, an individual and attorney at Routh Crabree Olsen PS; JEFF ROMIG AKA JEFFREY L. ROMIG, an individual; PATRICIA J. KRAUSE, an individual; GREENPOINT MORTGAGE FUNDING, INC., a mortgage company form unknown; SERVICELINK AKA SERVICELINK, LLC a business organization form unknown; LSI TITLE AGENCY INC, a title agency form unknown; CHICAGO TITLE COMPANY, a title company form unknown; FIDELITY NATIONAL DEFAULT SOLUTIONS INC, a company form unknown; NATIONWIDE TITLE CLEARING, a title company form unknown; AMANDA ROSE JONES, an individual and Assistant Secretary for MERS Inc; KRISTOPHER JAMES SANDBERG, a Wells Fargo employee; AND DOES 1 THROUGH 1000 INCLUSIVE, Defendants.

          RYAN J. WORKS, ESQ., AMANDA M. PERACH, McDONALD CARANO WILSON LLP Attorneys for Nationwide Title Clearing, Inc.

          NATIONWIDE TITLE CLEARING INC.'S EX PARTE MOTION TO EXTEND DEADLINE TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT (FIRST REQUEST)

         Pursuant to Local Rule IA 6-1, the Defendant, Nationwide Title Clearing, Inc. (“NTC”) respectfully requests that the Court extend the time for it to answer the Complaint (ECF No. 1) for the reasons set forth below. This Motion is based upon the papers on file, the arguments below and the Declaration of Amanda M. Perach, Esq. (the “Perach Decl.”). This is the first request for an extension of the deadline to answer or otherwise respond to the Complaint.

         1. On January 3, 2017, general counsel for NTC received the Complaint in Palm Harbor, Florida. Perach Decl. at ¶ 4.

         2. The Complaint is seventy-five pages long, excluding exhibits, and includes 27 listed defendants. (ECF No. 1)

         3. Upon receiving the Complaint, general counsel endeavored to review the Complaint and following that review, NTC attempted to locate local Nevada counsel to represent it in this litigation. Perach Decl. at ¶ 5.

         4. NTC eventually requested that McDonald Carano Wilson, LLP serve as its litigation counsel in this action; however due to the substantial amount of parties involved the conflicts review took several days to complete and, therefore, the engagement could not be finalized until January 13, 2017. Perach Decl. at ¶ 6.

         5. Thereafter, on the morning of January 20, 2017, after reviewing the lengthy Complaint, NTC's litigation counsel attempted to contact the Plaintiff, Salma Agha Khan, by telephone to request an extension to answer or otherwise respond to the Complaint. Perach Decl. at ¶ 7. To date, no response has been received. Id.

         For these reasons, NTC respectfully requests that the Court set the time for NTC to answer or otherwise respond to the Complaint for February 7, 2017, which is 14 days from the current deadline to respond.

         IT IS SO ORDERED:

         CERTIFICATE OF SERVICE

         I HEREBY CERTIFY that I am an employee of McDonald Carano Wilson LLP, and that on the 23rd day of January, 2017, I served a true and correct copy of the foregoing NATIONWIDE TITLE CLEARING INC.'S EX PARTE MOTION TO EXTEND DEADLINE TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT (FIRST REQUEST) via the Court's electronic filing system and U.S. Mail, as follows:

Salma Agha-Khan, M.D.
3751 Motor Ave, #34272
Los Angeles, CA ...

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