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Agha-Khan v. Wells Fargo Bank, NA
United States District Court, D. Nevada
February 28, 2017
SALMA AGHA-KHAN, MD., an individual, Plaintiff,
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 Crabtree Olsen PS; BRET P. RYAN, an individual and attorney at Rough Crabtree Olsen PS; JOHNATHAN J. DAMEN, an Individual and attorney at Routh Crabtree Olden PS; JEFF ROMIS 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.
WRIGHT, FINLAY & ZAK, LLP Dana Jonathon Nitz, Esq.
YanXiong Li, Esq. Attorneys for OCWEN FINANCIAL CORP.,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., MERSCORP
RENEWED MOTION TO EXTEND TIME TO RESPOND TO
A. Leen United States Magistrate Judge
to Federal Rule of Civil Procedure 6(b), Defendants, OCWEN
FINANCIAL CORP., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC., MERSCORP HOLDINGS INC. hereby request an order granting
additional time, up to and including April 1, 2017, to file a
responsive pleading to Plaintiff's pro per Complaint.
Defendants have retained new counsel for joint defense of
this action, and are diligently working to complete the
transition process. This is Defendants' second request
for an extension of this deadline and is not presented for
any dilatory or prejudicial purpose.
Motion is based upon the attached points and authorities, the
Declaration of Michael Hogue, Esq., the pleadings and papers
on file herein and any argument of counsel that may be
considered at the hearing on this Motion by the Court.
commenced this lawsuit on December 16, 2016, by filing his
pro per Complaint (ECF No. 1). The Complaint spans 75 pages,
asserts 16 causes of action, and includes 236 separate
factual allegations that require individual response. The
Complaint identifies as defendants: Ocwen Financial Corp.
(“Ocwen”), Mortgage Electronic Registration
Systems, Inc. (“MERS”), MERSCorp Holdings Inc.
(“Merscorp”), among the 26 separate individual
and entity defendants named. This Court previously granted
Defendants an extension to respond to the Complaint up to and
including March 1, 2017. Defendants have since retained new
counsel to further their joint defense, and are working to
complete the transition process. By this Motion, Defendants
jointly request an extension of time to respond up to and
including April 1, 2017. This request is being made pursuant
to F.R.C.P. 6(b)(1)(A) as the time period to respond to the
Complaint has not yet passed for any of the Defendants.
cause exists to extend the time to respond to the pro per
Complaint because of the transition of defense to new
counsel. The requested time is needed for new counsel to
investigate the facts and analyze the applicable law in order
to prepare a response. Moreover, multiple defendants will
need to review and approve the substitution of attorney and
response to Complaint before it can be filed. Defendants
submit that the additional time requested is reasonable and
not intended to cause undue delay or prejudice.
these reasons, Defendants respectfully request an extension
of the time to respond to Plaintiff's Complaint until
April 1, 2017.
ORDERED that the Motion to Extend Time (ECF No. 39) is
GRANTED and Defendants Ocwen Financial Corp., Mortgage
Electronic Registration Systems, Inc., and Merscorp Holdings,
Inc. shall have up to and including April 1, 2017, ...