Wells Fargo Bank, N.A. v. Fidelity National Title Insurance Company

Opinion

WRIGHT, FINLAY & ZAK, LLP 1 Lindsay D. Dragon, Esq. 2 Nevada Bar No. 13474 7785 W. Sahara Ave., Suite 200 3 Las Vegas, NV 89117 (702) 475-7964; Fax: (702) 946-1345 4 ldragon@wrightlegal.net 5 Attorney for Plaintiff, Wells Fargo Bank, N.A., As Trustee For The Pooling And Servicing Agreement Dated As Of August 1, 2005 Park Place Securities, Inc. Asset-Backed Pass-Through 6 Certificates Series 2005-WHQ4

7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA

9 WELLS FARGO BANK, N.A., AS TRUSTEE Case No.: 2:19-cv-01874-RFB-BNW 10 FOR THE POOLING AND SERVICING AGREEMENT DATED AS OF AUGUST 1, JOINT STATUS REPORT and 11 2005 PARK PLACE SECURITIES, INC. STIPULATION REGARDING COURT ASSET-BACKED PASS-THROUGH ORDER ON JOINT MOTION TO LIFT 12 CERTIFICATES SERIES 2005-WHQ4, STAY [ECF No. 14]. 13 Plaintiff, 14 vs. 15 FIDELITY NATIONAL TITLE INSURANCE 16 COMPANY and LAWYERS TITLE 17 INSURANCE CORPORATION,

18 Defendants. 19 Plaintiff, Wells Fargo Bank, N.A., As Trustee For The Pooling And Servicing Agreement 20 Dated As Of August 1, 2005 Park Place Securities, Inc. Asset-Backed Pass-Through Certificates 21 Series 2005-WHQ4 (“Wells Fargo”) and Defendant Fidelity National Title Insurance Company 22 (“Fidelity”, collectively the “Parties”), by and through their undersigned counsel of record, 23 hereby submit the following joint status report in response to this Court’s Minute Order, dated 24 October 14, 2020, directing the parties to file a Joint Motion to Lift Stay within 14 days from the 25 disposition of the appeal in Wells Fargo, N.A. v. Fid. Nat’l Title Ins. Co., Case No. 3:19-cv- 26 00241-MMD-WGC (Ninth Circuit Case No. 19-17332) (“Wells Fargo II”) [ECF No. 14]. 27 . . . 28 1 On November 5, 2021, the Ninth Circuit issued its Memorandum Disposition in Wells 2 || Fargo I, vacating the order granting Fidelity’s Motion to Dismiss and remanding the case for 3 || the court to determine whether leave to amend the complaint is appropriate. See Wells Fargo 4 || Bank, N.A.. v. Fid. Nat'l Title Ins. Co., 2021 U.S. App. LEXIS 32975 (9th Cir. Nov. 5, 2021). 5 || Mandate has not yet issued. It is not clear to Wells Fargo whether ECF No. 14 requires a joint 6 || motion from the date the Wells Fargo IT decision was entered or the date of mandate. In order 7 ||to ensure compliance with the Court’s minute order, the parties have stipulated and agree that 8 || any joint motion shall be due 14 days from the date mandate is issued in Wells Fargo II. ? || DATED this 19" day of November, 2021. DATED this 19" day of November, 2021. 10 WRIGHT, FINLAY & ZAK, LLP SINCLAIR BRAUN LLP 11 12 || □□ Lindsay D. Dragon /s/ Kevin S. Sinclair 13 || Lindsay D. Dragon, Esq. Kevin S. Sinclair, Esq. Nevada Bar No. 13474 Nevada Bar No. 12277 14 || 7785 W. Sahara Ave., Suite 200 16501 Ventura Blvd, Suite 400 5 Las Vegas, NV 89117 Encino, CA 91436 Attorney for Plaintiff Wells Fargo Bank, Attorneys for Defendant, Fidelity National 16 N.A., As Trustee For The Pooling And Title Insurance Company Servicing Agreement Dated As Of August I, 17 || 2005 Park Place Securities, Inc. Asset- 1 Backed Pass-Through Certificates Series 8 || 2005-WHO4 19 20 21 IT IS SO ORDERED. 22 DATED _ November 22 2021 23 24 25 RICHA LWARE, II 26 : □ os United States District Court 27 28