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Agha-Khan v. The Bank of New York Mellon

United States District Court, D. Nevada

February 28, 2017

SALMA AGHA-KHAN, MD., an individual, Plaintiff,
v.
THE BANK OF NEW YORK MELLON, a national banking institution; BAC HOME LOAN SERVICING, LP; BANK OF AMERICA, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; MERSCORP HOLDINGS INC.; COUNTRYWIDE HOME LOANS FKA BAC HOME LOANS SERVICING, LP; ASPEN MORTGAGE; ASPEN FINANCIAL SERVICES LLC; JEF GUINN; BAYVIEW LOAN SERVICING, LLC; DORKA BOUZA; MMREM (Matt Martin Real Estate Management); SOUTHERN HIGHLANDS COMMUNITY ASSOCIATION; SAN SEVINO WEST AT SOUTHERN HIGHLAND HOME OWNERS ASSOCIATION, a Nevada business association; TERRA WEST PROPERTY MANAGEMENT; SOUTHERN HIGHLANDS HOMEOWNERS ASSOCIATION; SOUTHERN HIGHLANDS MASTERS; JENNIFER EZELL; MONIQUE F. WASHINGTON; JENNIFER L. JONES; ALESSI & KOENIG, LLC; DAVID ALESSI; RYAN KERBOW; ROBERT M. ALESSI; AILEEN RUIZ; ALESSI TRUSTEE CORPORATION; RECONTRUST COMPANY, N.A.; RECONTRUST COMPANY, N.A. NEVADA MEDIATION TEAM; SFR INVESTMENTS POOL I LLC; NEVADA TITLE COMPANY; FIRST AMERICA TITLE COMPANY; FIRST AMERICA TITLE; FIRST AMERICA TITLE INSURANCE COMPANY; FIRST AMERICAN NATIONAL DEFAULT TITLE SERVICES; FIRST AMERICAN TITLE LOSS MITIGATION TITLE SERVICESLMTS; FIRST AMERICA NATIONAL DEFAULT TITLE SERVICES; FIRST AMERICAN FINANCIAL CORPORATION; TRUSTEE SERVICING SOLUTIONS; CHARLOTTE OLMOS; ANGELA NAVA; MARIA C. RODRIGUEZ; ARCH G. NEBRON; SANDRA L. HICKET; MARTHA MAREKO; MICHELLE PETERSON; ABBY RODRIGUEZ; ASSESSMENT MANAGEMENT SERVICES; KDGO HOLDING CO INC; ALICIA BARDERE; CHRISTY CHANG; NATALIE M. BUCHOLZ; JUAN GARCIA FLORES; JAMES F. ENBYSK; DOES 1-1000, inclusive, Defendants.

          DARREN T. BRENNER, ESQ., Nevada Bar No. 8386, NATALIE L. WINSLOW, ESQ. Nevada Bar No. 12125 AKERMAN LLP Attorneys for The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2005-72 Mortgage Pass-Through Certificates, Series 2005-72; Bayview Loan Servicing, LLC; Dorka Bouza; Mortgage Electronic Registrations Systems, Inc.; MERSCORP Holdings, Inc.; Bank of America, N.A., for itself and as successor by merger to BAC Home Loan Servicing, LP; and Countrywide Home Loans, Inc.

          Salma Agha-Khan Pro Se.

          David J. Rothenberg, Esq., Kurt R. Bonds, Esq., Alverson Taylor Mortensen & Sanders Attorneys for Southern Highlands Community Association.

          Nikola Skrinjaric, Esq., Skrinjaric Law Office, Attorney for Nevada Title Company.

          Carleton R. Burch, Esq. Sue T. Cavaco, Esq., Anderson, McPharlin &Conners LLP Attorneys for First American Title Loss Mitigation Title Services-LMTS; First American National Default Title Services; Trustee Servicing Solutions; First American Title Insurance Company.

          Diana Cline Ebron, Esq., Jacqueline A. Gilbert, Esq., Karen L. Hanks, Esq., Kim Gilbert Ebron Attorneys for SFR Investments Pool 1, LLC/.

          Christopher A. Lund, Esq., Thomas E. McGrath, Esq., Tyson &Mendes LLP Attorneys for San Sevino West at Southern Highlands Homeowners Association Allen G. Stephens An employee of Akerman LLP.

          DEFENDANTS' MOTION FOR EXTENSION OF TIME TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS

          RICHARD F. BOULWARE, II, United States District Judge.

         Defendants The Bank of New York Mellon fka The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2005-72 Mortgage Pass-Through Certificates, Series 2005-72 (BNYM), incorrectly sued as "The Bank of New York Mellon, " Bayview Loans Servicing, LLC (Bayview), Dorka Bouza (Bouza), Mortgage Electronic Registration Systems, Inc. (MERS), MERSCORP Holdings, Inc. (MERSCORP, and collectively, defendants) pursuant to Rule 6 of the Federal Rules of Civil Procedure, hereby move this Court for an extension of time to file its reply in support of their motion to dismiss for failure to state a claim under Fed.R.Civ.P. 12(B)(6). In support of this motion, defendants states as follows:

         1. This is defendants' first request for an extension of time to file their reply.

         2. Defendants filed their motion to dismiss for failure to state a claim under Fed.R.Civ.P. 12(B)(6) on January 26, 2017.

         3. Plaintiff filed her opposition on February 3, 2017.

         4. Defendants response is currently due on February 10, 2017.

         5. Defendants request a one-week extension to finalize their reply in support of the motion to dismiss to allow defendants further time to research the issues contained ...


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