Opinion
2:23-cv-00014-JAD-BNW
02-07-2023
SPEKULATION ORPHAN RELIEF TRUST, a Nevada trust, Plaintiff, v. NEWREZ LLC d/b/a SHELLPOINT MORTGAGE SERVICING; a Delaware limited liability company; DOES I through X; and ROE BUSINESS ENTITIES I through X, inclusive, Defendants.
AKERMAN LLP ARIEL STERN, ESQ. MELANIE D. MORGAN, ESQ. ATTORNEYS FOR NEW REC LLC D/B/A SHELLPOINT MORTGAGE SERVICING HONG & HONG LAW OFFICE JOSEPH Y. HONG, ESQ. ATTORNEY FOR SPEKULATION ORPHAN RELIEF TRUST
AKERMAN LLP ARIEL STERN, ESQ. MELANIE D. MORGAN, ESQ. ATTORNEYS FOR NEW REC LLC D/B/A SHELLPOINT MORTGAGE SERVICING
HONG & HONG LAW OFFICE JOSEPH Y. HONG, ESQ. ATTORNEY FOR SPEKULATION ORPHAN RELIEF TRUST
STIPULATION AND ORDER TO STAY PROCEEDINGS ON SHELLPOINT'S MOTION TO DISMISS AMENDED COMPLAINT, DISSOLVE PRELIMINARY INJUNCTION AND EXPUNGE LIS PENDENS
ECF Nos. 14, 15, 17
Plaintiff Speculation Orphan Relief Trust, and defendant, NewRez LLC d/b/a Shellpoint Mortgage Servicing, hereby stipulate and agree to stay proceedings on Shellpoint's motion to dismiss amended complaint, to dissolve preliminary injunction, and to expunge lis pendens (ECF Nos. 6, 7 & 8) pending a decision on Spekulation's motion to remand under 28 U.S.C. 1447(c) (ECF No. 10). The parties request that the March 6, 2023 hearing on Shellpoint's motion to dismiss (ECF No. 9) be vacated and held in abeyance pending the court's ruling on Spekulation's motion to remand. (ECF No. 10). The parties further stipulate and agree that Spekulation will withdraw its motion to stay proceedings on Shellpoint's motions to dismiss, dissolve preliminary injunction, and expunge lispendens and motion for order shortening time pursuant to LR IA-6-1 (ECF Nos. 14 & 15) upon filing of the order granting this stipulation.
ORDER
Based on the parties' stipulation [ECF No. 17] and good cause appearing, IT IS ORDERED THAT the plaintiffs' motion to stay the case and motion to shorten time on that motion [ECF Nos. 14,15] are deemed withdrawn, and briefing on the motions to dismiss, to dissolve preliminary injunction, and to expunge lis pendens [ECF Nos. 6, 7, 8] is stayed pending a ruling on the motion to remand [ECF No. 10], The hearing on the motions to dismiss, to dissolve preliminary injunction, and to expunge lis pendens [ECF Nos. 6, 7, 8] is VACATED; instead, the March 6, 2023, 3 p.m. hearing [ECF No. 9] will address only the motion to remand [ECF No. 10].