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Bank of New York Mellon Trust Co., National Association v. SFR Investments Pool 1, LLC

United States District Court, D. Nevada

April 19, 2019

THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A., SUCCESSOR BY MERGER TO BANK ONE, NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL ASSET MORTGAGE PRODUCTS, INC., MORTGAGE ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2002-RS3, Plaintiff,
v.
SFR INVESTMENTS POOL 1, LLC, a Nevada limited liability company; LEACH JOHNSON SONG & GRUCHOW, LTD., a Nevada limited liability company; and CANYON GATE MASTER ASSOCIATION, a Nevada non-profit corporation; Defendants.

          WRIGHT, FINLAY & ZAK, LLP Bradley T. Wibicki, Esq. Krista J. Nielson, Esq. Attorneys for Plaintiff, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A., successor by merger to Bank One, National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates Series 2002-RS3

          KIM GILBERT EBRON Diana S. Ebron, Esq. Jacqueline A. Gilbert, Esq. Karen L. Hanks, Esq. Attorneys for Defendant, SFR Investments Pool 1, LLC

          STIPULATION AND ORDER FOR EXTENSION OF TIME FOR BONY TO FILE REPLIES IN SUPPORT OF MOTION TO ALTER OR AMEND JUDGMENT [ECF NO. 34] AND FOR RECONSIDERATION PURSUANT TO FED. R. CIV. P. 59 AND 60 [ECF NO. 35] (FIRST REQUEST)

         Plaintiff, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A., successor by merger to Bank One, National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates Series 2002-RS3 Plaintiff, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A., successor by merger to Bank One, National Association, as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates Series 2002-RS3 (“Plaintiff” or “BONY”), and Defendant, SFR Investments Pool 1, LLC (“SFR”) (collectively, the “Parties”), by and through their respective attorneys of record, hereby stipulate and agree as follows:

         WHEREAS, on March 28, 2019, BONY filed a Motion to Alter or Amend Judgment [ECF No. 34] and for Reconsideration Pursuant to Fed.R.Civ.P. 59 and 60 [ECF No. 34] (the “Motions”);

         WHEREAS, on April 11, 2019, BONY and Defendant, Canyon Gate Master Association (“Canyon Gate”), filed a Stipulation and [Proposed] Order for Extension of Time for Defendant Canyon Gate Master Association to File Response to The Bank of New York Mellon Trust Company's Motion to Alter or Amend Judgment; and for Reconsideration Pursuant to Fed.R.Civ.P. 59 and 60 [ECF No. 37], wherein it was agreed that Canyon Gate shall have up to and until April 22, 2019 to file Responses to the Motions, and that BONY shall have up to and until May 6, 2019 to file Replies to Canyon Gate's Responses;

         WHEREAS, on April 11, 2019, SFR filed Responses to the Motions [ECF Nos. 38 and 39];

         WHEREAS, BONY's Replies to SFR's Responses are currently due on April 18, 2019;

         WHEREAS, in the interests of judicial economy and efficiency, the Parties agree that BONY shall have up to and until May 6, 2019 to file Replies to SFR's Responses, the same date its Replies to Canyon Gates's Responses are due;

         THEREFORE, based on the above:

         IT IS HEREBY STIPULATED AND AGREED that the deadline for BONY to file Replies to SFR's Responses shall be continued from April 18, 2019 to May 6, 2019.

         This is the Parties' first request for extension of the deadline for BONY to file Replies to SFR's Responses. This request is not intended to cause any delay or prejudice to any party.

         IT IS SO ...


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