U.S. Bank National Association v. Fidelity National Title Group, Inc. ( 2023 )

1 WRIGHT, FINLAY & ZAK, LLP Darren T. Brenner, Esq. 2 || Nevada Bar No. 8386 Lindsay D. Dragon, Esq. 3 || Nevada Bar No. 13474 4 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 5 || (702) 637-2345; Fax: (702) 946-1345 dbrenner@wrightlegal.net 6 Idragon@wrightlegal.net 7 Attorneys for Plaintiff, U.S. Bank National Association, as Trustee, Successor in Interest to Bank of America, National Association as Successor by Merger to LaSalle Bank National Association, 8 Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed 9 Certificates, Series 2005-HE6 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 11 U.S. BANK NATIONAL ASSOCIATION, Case No.: 2:20-cv-01955-KJD-VCF 12 || AS TRUSTEE, SUCCESSOR IN INTEREST 13 TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY STIPULATION AND ORDER TO 14 MERGER TO LASALLE BANK EXTEND TIME TO RESPOND TO NATIONAL ASSOCIATION AS TRUSTEE | FIDELITY’S MOTION FOR SUMMARY 15 FOR CERTIFICATEHOLDERS OF BEAR JUDGMENT [ECF No. 72] 16 STEARNS ASSET BACKED SECURITIES I LLC, ASSET-BACKED CERTIFICATES, (Second Request) 17 SERIES 2005-HE6, 18 Plaintiff, 19 VS. 20 FIDELITY NATIONAL TITLE GROUP, INC.; FIDELITY NATIONAL TITLE || INSURANCE COMPANY; DOE 2 INDIVIDUALS I through X; and ROE CORPORATIONS XI through XX, inclusive, Defendants. 24 5 Plaintiff, U.S. Bank National Association, as Trustee, Successor in Interest to Bank of 26 || America, National Association as Successor by Merger to LaSalle Bank National Association, as 27 || Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed 28 || Certificates, Series 2005-HE6 (“U.S. Bank”) and Defendant Fidelity National Title Insurance 1 ||Company (‘Fidelity’), by and through their counsel of record, hereby stipulate and agree as 2 || follows: 3 1. On September 25, 2023, Fidelity filed a Motion for Summary Judgment [ECF No. 72] 4 (“Motion”); 5 2. U.S. Bank’s deadline to respond to Fidelity’s Motion is currently October 16, 2023; 6 3. On October 12, 2023, the Nevada Supreme Court issued its opinion in Deutsche Bank 7 National Trust Company v. Fidelity National Title Insurance Company, Case No. 84161, 8 139 Nev. Ad. Rep. 45, 536 P.3d 915 (Nev. 2023) (“Deutsche Bank Opinion’). 9 4. On October 30, 2023, the appellant filed a Petition for Rehearing in Deutsche Bank. The 10 Petition for Rehearing was denied on November 13, 2023. The remittitur has not yet 11 issued. 12 5. The Deutsche Bank Opinion addresses the arguments in this matter; however, U.S. Bank 13 need additional time to analyze the Deutsche Bank Opinion in light of the recent denial of 14 rehearing and determine next steps; 15 6. U.S. Bank’s counsel is therefore requesting a thirty-day extension until Friday, December 16 15, 2023, to file its response to the pending Motion; 17 7. Counsel for Fidelity does not oppose the requested extension; 18 |{/// 19 20 |{/// 21 22 |{/// 23 24 |I{/// 25 26 |{/// 27 28 |{/// 1 8. This is the second request for an extension which is made in good faith and not for 2 purposes of delay. 3 IT IS SO STIPULATED. 4 DATED this 15" day of November, 2023. DATED this 15" day of November, 2023. 5 WRIGHT, FINLAY & ZAK, LLP SINCLAIR BRAUN LLP /s/ Lindsay D. Dragon /s/ Kevin Sinclair 7 Lindsay D. Dragon, Esq. Kevin Sinclair, Esq. Nevada Bar No. 13474 Nevada Bar No. 12277 8 7785 W. Sahara Ave., Suite 200 16501 Venture Boulevard, Suite 400 9 Las Vegas, NV 89117 Encino, California 91436 Attorneys for Plaintiff Attorneys for Defendants 10 11 12 || JT IS SO ORDERED. NN 13 Dated: November 16, 2023 \ 14 {+—\— 15 UNITED STATES DISTRICT COURT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28