Opinion
2:21-cv-00353-KJD-NJK
01-03-2022
BANK OF AMERICA, N.A., AS SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP, Plaintiff, v. FIDELITY NATIONAL TITLE GROUP, INC., et al., Defendants.
Scott E. Gizer, Esq., Nevada Bar No. 12216 Sophia S. Lau, Esq., Nevada Bar No. 13365 EARLY SULLIVAN WRIGHT GIZER &McRAE LLP Michael R. Merritt, Nevada Bar Number 5720 MCCORMICK, BARSTOW, SHEPPARD, WAYTE &CARRUTH LLP Attorneys for Defendants FIDELITY NATIONAL TITLE GROUP, INC., CHICAGO TITLE INSURANCE COMPANY, CHICAGO TITLE OF NEVADA, INC., FIDELITY NATIONAL TITLE AGENCY OF NEVADA, INC., and TICOR TITLE OF NEVADA, INC. DARREN T. BRENNER Attorneys for Plaintiff BANK OF AMERICA, N.A.
Scott E. Gizer, Esq., Nevada Bar No. 12216 Sophia S. Lau, Esq., Nevada Bar No. 13365 EARLY SULLIVAN WRIGHT GIZER &McRAE LLP Michael R. Merritt, Nevada Bar Number 5720 MCCORMICK, BARSTOW, SHEPPARD, WAYTE &CARRUTH LLP Attorneys for Defendants FIDELITY NATIONAL TITLE GROUP, INC., CHICAGO TITLE INSURANCE COMPANY, CHICAGO TITLE OF NEVADA, INC., FIDELITY NATIONAL TITLE AGENCY OF NEVADA, INC., and TICOR TITLE OF NEVADA, INC.
DARREN T. BRENNER Attorneys for Plaintiff BANK OF AMERICA, N.A.
STIPULATION AND PROPOSED ORDER TO EXTEND TIME TO RESPOND TO PLAINTIFF'S MOTION TO REMAND AND DEFER DEADLINE TO FILE RESPONSE TO COMPLAINT
(FIRST REQUEST)
KENT J. DAWSON UNITED STATES DISTRICT JUDGE
Plaintiff Bank of America, N.A. (“BANA”) and Defendants Fidelity National Title Group, Inc., Chicago Title Insurance Company, Chicago Title of Nevada, Inc., Fidelity National Title Agency of Nevada, Inc., and Ticor Title of Nevada, Inc. (collectively, “Defendants, ” and with BANA, the “Parties”), by and through their counsel of record, hereby stipulate and agree as follows:
WHEREAS, on March 1, 2021, BANA filed its Complaint in the Eighth Judicial District Court, Case No. A-21-830287-C [ECF No. 1-1];
WHEREAS, on March 1, 2021, Chicago Title filed a Petition for Removal to this Court [ECF No. 1];
WHEREAS, on March 31, 2021, BANA filed a Motion for Remand [ECF No. 7];
WHEREAS, on March 31, 2021, BANA filed a Motion for Costs and Fees [ECF No. 8];
WHEREAS, on April 12, 2021, an amended removal petition was filed [ECF No. 9];
WHEREAS, on April 23, 2021, this Court granted the Parties' stipulation to stay the case pending the appeal in Wells Fargo Bank, N.A. v. Fidelity National Title Ins. Co., Ninth Cir. Case No. 19-17332 (District Court Case No. 3:19-cv-00241-MMD-WGC) (the “ Wells Fargo II Appeal” [ECF No. 13];
WHEREAS, Defendants' time to oppose the motion to remand, to oppose the motion for fees, and to file responsive pleadings had not yet expired;
WHEREAS, according to the terms of the stipulation to stay the case, Defendants' deadlines to oppose BANA's motion to remand this action to the Eighth District Court (ECF No. 7), to oppose BANA's motion for fees (ECF No. 8), and to file a responsive pleading were continued and would be reset by mutual agreement of the Parties;
NOW THEREFORE, the Parties, by and through their undersigned counsel, hereby stipulate and agree as follows:
1. Defendants' deadline to oppose BANA's motion to remand this action to the Eighth District Court (ECF No. 7) and motion for fees (ECF No. 8) will be January 28, 2022;
2. BANA's deadline to file a reply in support of its motion to remand and motion for fees will be by code.
3. The Parties stipulate and agree that, in the interests ofjudicial economy, the deadline to file a responsive pleading to the Complaint will continue to be stayed and will be reset, if necessary, by agreement of the parties following the Court's ruling on the remand motion.
IT IS SO STIPULATED.
IT IS SO ORDERED