U.S. Bank, National Association v. North American Title Insurance Company

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 9 10 U.S. BANK, NATIONAL ASSOCIATION AS Case No.: 2:19-cv-00289-ART-NJK 11 TRUSTEE FOR MERRILL LYNCH MORTGAGE INVESTORS TRUST, 12 MORTGAGE LOAN ASSET-BACKED ORDER GRANTING (ECF No. 102) 13 CERTIFICATES, SERIES 2005-A8, STIPULATION TO EXTEND 14 Plaintiff, DEADLINE TO FILE vs. SUPPLEMENTAL BRIEFING 15 [ECF No. 101] NORTH AMERICAN TITLE INSURANCE 16 COMPANY, (First Request) Defendant. 17 18 Plaintiff U.S. Bank, National Association as Trustee for Merrill Lynch Mortgage Investors 19 Trust, Mortgage Loan Asset-Backed Certificates, Series 2005-A8 (“U.S. Bank”), and Defendant 20 North American Title Insurance Company (“NATIC”, collectively, the “Parties”), by and through 21 their counsel of record, hereby stipulate and agree as follows: 22 1. On August 11, 2023, U.S. Bank filed its Motion for Partial Summary Judgment. [ECF No. 23 76]. 24 2. On September 1, 2023, NATIC filed its Counter Motion for Partial Summary Judgment. 25 [ECF No. 81] (hereinafter “Motions). 26 3. While both Motions were fully briefed and pending decision, on October 12, 2023, the 27 Nevada Supreme Court issued its opinions in Deutsche Bank and PennyMac. See 28 Deutsche Bank, 139 Nev. Ad. Rep. 45, 536 P.3d 915 (Nev. 2023); PennyMac, 2023 Nev. 1 Unpub. LEXIS 732 (Oct. 12, 2023). The remittitur in PennyMac was issued on November 2 6, 2023. On October 30, 2023, the appellant filed a Petition for Rehearing in Deutsche 3 Bank. The Petition for Rehearing was denied on November 13, 2023, and the Court issued 4 the remittitur in Deutsche Bank on December 8, 2023. 5 4. On January 3, 2024, the Court entered a Minute Order requesting supplemental briefing 6 on the impact of Deutsche Bank and PennyMac, if any, on the pending Motions by January 7 18, 2024. [ECF No. 101]. 8 5. However, the Parties, and its counsel, are still inventorying and analyzing whether and 9 which cases should be dismissed as a result of Deutsche Bank. Several matters have 10 already been dismissed or are in that process. Moreover, U.S. Bank’s counsel is set to go 11 out on maternity leave beginning the week of January 16, 2024. 12 6. The Parties are therefore requesting a thirty-two (32) day extension until Monday, 13 February 19, 2024, to file the Parties’ simultaneous supplemental briefing on their 14 respective Motions. 15 7. In the interim, it remains possible that the Parties can negotiate a dismissal without 16 expending additional resources. 17 18 / / / 19 20 / / / 21 22 / / / 23 24 / / / 25 26 / / / 27 28 / / / 1 8. This is the first request for this extension which are made in good faith and not for 2 purposes of delay. 3 IT IS SO STIPULATED. 4 || DATED this 16" day of January, 2024. DATED this 16" day of January, 2024. 5 || WRIGHT, FINLAY & ZAK, LLP EARLY SULLIVAN WRIGHT GIZER & 6 McRAE LLP 7 ‘|| 4s/Lindsay D. Dragon /s/ Scott E. Gizer Lindsay D. Dragon, Esq. Scott E. Gizer, Esq. 8 || Nevada Bar No. 13474 Nevada Bar No. 12216 9 7785 W. Sahara Ave., Suite 200 8716 Spanish Ridge Ave., Suite 105 Las Vegas, NV 89117 Las Vegas, Nevada 89148 10 || Attorneys for Plaintiff Attorneys for Defendant 11 12 13 14 IT IS SO ORDERED. 15 DATED: January 18, 2024. 4 jlorect on 16 ANNE R. TRAUM 7 UNITED STATES DISTRICT COURT JUDGE 18 19 20 21 22 23 24 25 26 27 28