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

1 WRIGHT, FINLAY & ZAK, LLP Darren T. Brenner, Esq.

2 || Nevada Bar No. 8386 Lindsay D. Dragon, Esq.

3 || Nevada Bar No. 13474 7785 W. Sahara Ave., Suite 200 Las Vegas, NV 89117 || (702) 637-2345; Fax: (702) 946-1345 [email protected] [email protected] 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 Certificates, Series 2005-HE6 10 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA U.S. BANK NATIONAL ASSOCIATION, Case No.: 2:20-cv-01955-KJD-MDC || 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, (Fourth 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.

5 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, as || Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed || Certificates, Series 2005-HE6 (“U.S. Bank”) and Defendant Fidelity National Title Insurance ||Company (‘Fidelity’), by and through their counsel of record, hereby stipulate and agree as || 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 January 15, □□□□□ [ECF 6 No. 82]; 7 3. On October 12, 2023, the Nevada Supreme Court issued its opinions in Deutsche Bank 8 and PennyMac. See Deutsche Bank, 139 Nev. Ad. Rep. 45, 536 P.3d 915 (Nev. 2023); 9 PennyMac, 2023 Nev. Unpub. LEXIS 732 (Oct. 12, 2023). The remittitur in PennyMac 10 was issued on November 6, 2023.

11 4. On October 30, 2023, the appellant filed a Petition for Rehearing in Deutsche Bank. The 12 Petition for Rehearing was denied on November 13, 2023, and the Court issued the 13 remittitur in Deutsche Bank on December 8, 2023.

14 5. U.S. Bank, and its counsel, are still inventorying and analyzing whether and which cases 15 should be dismissed as a result of Deutsche Bank. Several matters have already been 16 dismissed or are in that process. It remains possible that the Parties can negotiate a 17 dismissal without expending additional resources. However, U.S. Bank’s counsel is set 18 to go out on maternity leave beginning the week of January 16, 2024 and has recently 19 been out of office due to pregnancy-related issues.

20 6. U.S. Bank’s counsel is therefore requesting a thirty day extension until Wednesday, 21 February 14, 2024, to file its response to the pending Motion; 22 7. Counsel for Fidelity does not oppose the requested extension; 23 |{/// 25 |{/// 27 |I/// JT ' January 15, 2024 is an observed holiday.

1 8. This is the fourth request for an extension which is made in good faith and not for purposes 2 of delay.

3 IT IS SO STIPULATED.

4 || DATED this 12" day of January, 2024. DATED this 12" day of January, 2024. > || WRIGHT, FINLAY & ZAK, LLP EARLY SULLIVAN WRIGHT GIZER & 6 McRAE LLP 7 /s/ Lindsay D. Dragon /s/ Sophia S. Lau Lindsay D. Dragon, Esq. Sophia S. Lau, Esq.

8 || Nevada Bar No. 13474 Nevada Bar No. 13365 9 7785 W. Sahara Ave., Suite 200 8716 Spanish Ridge Avenue, Suite 105 Las Vegas, NV 89117 Las Vegas, NV 89148 10 Attorneys for Plaintiff Attorneys for Defendants IT IS SO ORDERED. ™ 14 \ 15 Dated: 01/12/2024 += 16 UNITED STATES DISTRICT COURT JUDGE KENT J. DAWSON