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Agha-Khan v. Wells Fargo Bank, NA

United States District Court, D. Nevada

February 2, 2017

SALMA AGHA-KHAN, M.D., 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 TITLE 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 Crabee 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 company1 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.

          Marni Rubin Watkins, Esq. Attorneys for ServiceLink AKA ServiceLinks LLC, LSI Title Agency, Inc. Fidelity National Default Solutions.

          FIDELITY NATIONAL LAW GROUP Marni Rubin Watkins Marni Rubin Watkins, Esq. Attorneys for Defendants ServiceLink AKA ServiceLinks LLC, LSI Title Agency, Inc. Fidelity National Default Solutions

          MOTION TO EXTEND TIME TO RESPOND TO COMPLAINT

          Peggy A. Leen United States Magistrate Judge.

         Pursuant to Federal Rule of Civil Procedure 6(b), Defendants Servicelink AKA Servicelinks LLC ("SericeLinks"), LSI Title Agency Inc. ("LSI") and Fidelity National Default Solutions Inc. ("Fidelity National Default") (collectively "Moving Defendants" or "Defendants") hereby request an order granting additional time, up to and including March 6, 2017, to file a responsive pleading to Plaintiffs pro per 75 page, 236 paragraph Complaint. This is the first request for an extension of this deadline.

         This Motion is based upon the attached points and authorities, the pleadings and papers on file herein and any arguments of counsel that may be considered at the hearing on this Motion by the Court.

         POINTS AND AUTHORITIES

         Plaintiff commenced this lawsuit on December 16, 2016, by filing her pro per Complaint (ECF No. 1). The Complaint spans 75 pages, asserts 16 causes of action, each of which require a response. The Complaint identifies Moving Defendants, among the 26 separate individual and entity defendants named but does not specify the Moving Defendants involvement in the underlying transaction.

         Counsel was informed regarding this lawsuit while responding to another lawsuit filed by Plaintiff in the United States District Court, District of Nevada, Case No. 2:16-cv-01124-JCM-NJK. It is currently unclear when or even if all of the Moving Defendant have been served. Nonetheless, Moving Defendants do not want to risk having a default entered against them and therefore, by this Motion, all Moving Defendants jointly request an extension of time to respond to the Complaint. Moving Defendants request an answer date of March 6, 2017. This request is being made pursuant to Federal Rules of Civil Procedure 6(b)(1)(A) as the time period to respond to the Complaint has not yet passed for any of the Defendants.

         Good cause exists to extend the time to respond to the pro per Complaint because (1) Moving Defendants have not yet been served; (2) the Complaint contains 75 pages of pleadings and 16 causes of action; and (3) the Complaint is vague as to the Moving Defendants involvement in the alleged wrongdoing and therefore the research necessary to respond to the 236 paragraphs of allegations is extensive. The requested time is needed to investigate the facts and analyze the applicable law in order to prepare a response.

         Moreover, on December 16, 2016, Plaintiff filed an Adversary Complaint in the U.S Bankruptcy Court, Eastern District of California, Adversary Proceeding #: 16-01107. The Adversary Complaint pleads causes of action related to the Property at issue in this case: 2448 Granada Bluff Court, Las Vegas, NV 89135 (the "Property"). Just as with the case here, the allegations contained in the Adversarial Complaint contend that defendants recorded and filed false and/or fraudulent non-judicial foreclosure documents. Moving Defendants need additional time to determine the impact that the Bankruptcy Case and Adversarial Case have on the instant litigation.

         CONCLUSION

         For the foregoing reasons, Moving Defendants respectfully request an extension of the time to respond to ...


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