In re Part 60 RMBSPut Back Litigation. v Natixis Real Estate Capital Inc.

Motion No: M-2609

Slip Opinion No: 2020 NYSlipOp 71374(U)

Decided on September 10, 2020

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

September 10, 2020

In re: Part 60 RMBS-Put Back Litigation.

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Natixis Real Estate Capital Trust

2007-HE2, by Computershare Trust

Company, National Association, solely

in its capacity as Separate Securities

Administrator, Plaintiff-Counterclaim Defendant-Index No. 153945/13

Respondent,

v

Natixis Real Estate Capital, Inc.,

Defendant-Counterclaim Plaintiff-

Appellant.

- - - - - - - - - - - - - -

Natixis Real Estate Holdings LLC,

successor-in-interest to Natixis

Real Estate Capital Inc., formerly

know as Ixis Real Estate Capital Inc.,

Third-Party Plaintiff-Appellant-Index No. 565610/15

Respondent,

v

Wells Fargo Bank, N.A.,

Third-Party Defendant-Respondent-

Appellant.

Appeals having been taken to this Court from the order of the Supreme Court, New York County, entered on or about July 10, 2019, which granted in part and denied in part the motion of third-party defendant Wells Fargo Bank, N.A. to dismiss the Amended Third-Party Complaint and Amended Counterclaims,And third-party defendant-respondent-appellant Wells Fargo having moved for an order: (1) striking the Reply Brief for

defendant-counterclaim plaintiff-appellant/third-party plaintiff-appellant-respondent Natixis Real Estate Holdings LLC (Natixis), filed on August 7, 2020 (NYSCEF No. 27) as untimely, or, in the alternative, directing Natixis to promptly file a revised brief that complies with this Court's word limit, see 22 NYCRR 1250.8(f)(2); and (2) If Natixis' aforementioned Reply Brief is not stricken entirely, granting Wells Fargo an extension of time in which to file a reply brief in further support of its cross appeal to no sooner than 23 days after the later of (i) the date on which this Court determines this Motion or (ii) the date on which Natixis files a revised brief that complies with this Court's word limit,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of the motion seeking to strike the Reply Brief for Natixis is denied and Natixis is permitted to file a reply brief on or before September 25, 2020, for the November 2020 Term. The denial of the motion is without prejudice to the Clerk's consideration of Natixis' request to file an oversized brief. The branch of the motion seeking an extension of time for Wells Fargo to file a reply brief is granted to the extent that Wells Fargo is permitted to file its reply brief on or before October 16, 2020, for the November 2020 Term. ENTERED: September 10, 2020

_____________________ CLERK

Present - Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern Anil C. Singh Peter H. Moulton Lizbeth GonzÁlez, Justices

M-2609

Index No. 777000/15