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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Friday, February 19, 2010 2:47:10 PM
CASE NUMBER: 2007 CV 09571 Docket ID: 14810641
GREGORY A BRUSH
CLERK OF COURTS MONTGOMERY COUNTY OHIO
COURT OF COMMON PLEAS
MONTGOMERY COUNTY, OHIO
U.S. Bank, N.A., as Trustee for the Structured Case No. 2007 CV 9571
Asset Securities Corporation Mortgage Loan
Trust, 2006- NC1, Judge Connie S. Price
Plaintiff,
PLAINTIFF’S MOTION FOR
-vs- EXTENSION OF TIME, PURSUANT TO
CIV.R. 53, TO FILE OBJECTION TO
Wesley A. Quinn, et al., MAGISTRATE’S DECISION FILED
FEBRUARY 10, 2010
Defendants.
The plaintiff herein, U.S. Bank, N.A., as Trustee for the Structured Asset
Securities Corporation Mortgage Loan Trust, 2006- NC1 (“Plaintiff”), does hereby move
this honorable Court by and through its undersigned counsel, for an Order Granting
Plaintiff an Extension of Time to File Objection to Magistrate’s Decision entered
February 10, 2010. This Motion is made pursuant to Civ.R. 53(D)(3)(b)(5), which states:
Extension of time. For good cause shown, the court shall allow a
reasonable extension of time for a party to file a motion to set aside a
LSR # 200725626
magistrate's order or file objections to a magistrate's decision. "Good
cause" includes, but is not limited to, a failure by the clerk to timely serve
the party seeking the extension with the magistrate's order or decision.
Plaintiff can demonstrate good cause for why it should be granted the requested
extension of time, including that acts of God have intervened and precluded Plaintiff’s
Counsel’s ability to consult with its Client in a meaningful manner with regard to the
Magistrate’s Decision and the anticipated Objection. The offices where Plaintiff’s
Servicer and authorized corporate representatives are found are located in Frederick,
Maryland. As has been reported by the national media, this area of the Country has
experienced record-breaking amounts of snowfall and has been effectively shut down
due to the recent and ongoing severe winter storms. Consequently, Plaintiff's counsel
has had very limited access to its client since Monday, February 8, 2010. In fact,
Plaintiff's Servicer’s offices in Frederick, Maryland were closed much of the entire week
of February 8, 2010 and Plaintiff’s Servicer continued to experience business
interruption the following week.
Plaintiff’s counsel needs additional time to review the Magistrate’s Decision with
its client. Also, Plaintiff’s Servicer and Records Custodian needs additional time in
which to review its records and obtain the evidentiary materials this Court has
requested before Plaintiff can prepare a meaningful Objection to the Magistrate’s
Decision. For the foregoing reasons, Plaintiff respectfully requests this Court grant
Plaintiff an extension of not less than fourteen (14) days in which to file its Objection to
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Magistrate’s Decision. A proposed Order granting the requested extension of time to
object to Magistrate’s Decision is being submitted to the Court contemporaneously
herewith.
Respectfully submitted,
/S/ Deanna C. Stoutenborough
Deanna C. Stoutenborough (# 0069761)
Rick D. DeBlasis, Esq. (# 0012992)
Craig A. Thomas, Esq. (#0037667)
LERNER, SAMPSON & ROTHFUSS
Attorney for Plaintiff
120 E. Fourth St., 8th Floor
Cincinnati, OH 45202
Ph.: (513) 412-6093
Fx.: (513) 362-3592
Deanna.stoutenborough@lsrlaw.com
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CERTIFICATE OF SERVICE
I hereby certify that, on February 19, 2010, I electronically filed the foregoing
with the Clerk of the Court using the electronic filing system and have requested the
Clerk to send notification of such filing, via the ECF system, to the following:
Craig A. Thomas, Esq.
P.O. Box 5480
Cincinnati, OH 45201
Co-counsel for Plaintiff
Randall J. Smith, Esq.
Miami Valley Fair Housing Center, Inc.
21-23 E. Babbitt Street
Dayton, OH 45405
Counsel for Defendants, Wesley and Marion Quinn
Collette S. Carr, Esq.
301 West Third Street
5th Floor
Dayton, OH 45402
Counsel for Defendant, Montgomery County Treasurer
I hereby further certify that a true and correct copy of the foregoing Motion for
Extension of Time to Object to Magistrate’s Decision was sent via ordinary U.S. mail,
postage prepaid, to the following on this 19th day of February, 2010:
Chase Home Finance
3415 Vision Drive
Columbus, OH 43219
/S/ Deanna C. Stoutenborough
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Preview
ELECTRONICALLY FILED COURT OF COMMON PLEAS Friday, February 19, 2010 2:47:10 PM CASE NUMBER: 2007 CV 09571 Docket ID: 14810641 GREGORY A BRUSH CLERK OF COURTS MONTGOMERY COUNTY OHIO COURT OF COMMON PLEAS MONTGOMERY COUNTY, OHIO U.S. Bank, N.A., as Trustee for the Structured Case No. 2007 CV 9571 Asset Securities Corporation Mortgage Loan Trust, 2006- NC1, Judge Connie S. Price Plaintiff, PLAINTIFF’S MOTION FOR -vs- EXTENSION OF TIME, PURSUANT TO CIV.R. 53, TO FILE OBJECTION TO Wesley A. Quinn, et al., MAGISTRATE’S DECISION FILED FEBRUARY 10, 2010 Defendants. The plaintiff herein, U.S. Bank, N.A., as Trustee for the Structured Asset Securities Corporation Mortgage Loan Trust, 2006- NC1 (“Plaintiff”), does hereby move this honorable Court by and through its undersigned counsel, for an Order Granting Plaintiff an Extension of Time to File Objection to Magistrate’s Decision entered February 10, 2010. This Motion is made pursuant to Civ.R. 53(D)(3)(b)(5), which states: Extension of time. For good cause shown, the court shall allow a reasonable extension of time for a party to file a motion to set aside a LSR # 200725626 magistrate's order or file objections to a magistrate's decision. "Good cause" includes, but is not limited to, a failure by the clerk to timely serve the party seeking the extension with the magistrate's order or decision. Plaintiff can demonstrate good cause for why it should be granted the requested extension of time, including that acts of God have intervened and precluded Plaintiff’s Counsel’s ability to consult with its Client in a meaningful manner with regard to the Magistrate’s Decision and the anticipated Objection. The offices where Plaintiff’s Servicer and authorized corporate representatives are found are located in Frederick, Maryland. As has been reported by the national media, this area of the Country has experienced record-breaking amounts of snowfall and has been effectively shut down due to the recent and ongoing severe winter storms. Consequently, Plaintiff's counsel has had very limited access to its client since Monday, February 8, 2010. In fact, Plaintiff's Servicer’s offices in Frederick, Maryland were closed much of the entire week of February 8, 2010 and Plaintiff’s Servicer continued to experience business interruption the following week. Plaintiff’s counsel needs additional time to review the Magistrate’s Decision with its client. Also, Plaintiff’s Servicer and Records Custodian needs additional time in which to review its records and obtain the evidentiary materials this Court has requested before Plaintiff can prepare a meaningful Objection to the Magistrate’s Decision. For the foregoing reasons, Plaintiff respectfully requests this Court grant Plaintiff an extension of not less than fourteen (14) days in which to file its Objection to 2 Magistrate’s Decision. A proposed Order granting the requested extension of time to object to Magistrate’s Decision is being submitted to the Court contemporaneously herewith. Respectfully submitted, /S/ Deanna C. Stoutenborough Deanna C. Stoutenborough (# 0069761) Rick D. DeBlasis, Esq. (# 0012992) Craig A. Thomas, Esq. (#0037667) LERNER, SAMPSON & ROTHFUSS Attorney for Plaintiff 120 E. Fourth St., 8th Floor Cincinnati, OH 45202 Ph.: (513) 412-6093 Fx.: (513) 362-3592 Deanna.stoutenborough@lsrlaw.com 3 CERTIFICATE OF SERVICE I hereby certify that, on February 19, 2010, I electronically filed the foregoing with the Clerk of the Court using the electronic filing system and have requested the Clerk to send notification of such filing, via the ECF system, to the following: Craig A. Thomas, Esq. P.O. Box 5480 Cincinnati, OH 45201 Co-counsel for Plaintiff Randall J. Smith, Esq. Miami Valley Fair Housing Center, Inc. 21-23 E. Babbitt Street Dayton, OH 45405 Counsel for Defendants, Wesley and Marion Quinn Collette S. Carr, Esq. 301 West Third Street 5th Floor Dayton, OH 45402 Counsel for Defendant, Montgomery County Treasurer I hereby further certify that a true and correct copy of the foregoing Motion for Extension of Time to Object to Magistrate’s Decision was sent via ordinary U.S. mail, postage prepaid, to the following on this 19th day of February, 2010: Chase Home Finance 3415 Vision Drive Columbus, OH 43219 /S/ Deanna C. Stoutenborough 4