Opinion
2:23-CV-00072-CDS-NJK
02-07-2023
GAIL BELCHER PLAINTIFF, v. EXPERIAN INFORMATION SOLUTIONS, INC.; TRANS UNION, LLC; AMERICAN EXPRESS, INC.; CAPITAL ONE BANK USA. N.A.; SYNCHRONY FINANCIAL dba SYNCB/AMAZON; and DISCOVER FINANCIAL SERVICES, INC. Defendants.
FREEDOM LAW FIRM Gerardo Avalos George Hames Attorneys for Plaintiff Gail Belcher MCDONALD CARANO LLP Karyna M. Armstrong Jeff Silvestri Attorneys for Defendant Capital One, N.A., erroneously sued as “Capital One Bank, USA, N.A.
FREEDOM LAW FIRM
Gerardo Avalos
George Hames
Attorneys for Plaintiff Gail Belcher
MCDONALD CARANO LLP
Karyna M. Armstrong
Jeff Silvestri
Attorneys for Defendant Capital One, N.A., erroneously sued as “Capital One Bank, USA, N.A.
ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT
(FIRST REQUEST)
Pursuant to Local Rule 6-1 and 6-2, defendant Capital One, N.A., successor by merger to Capital One Bank (USA), N.A., erroneously sued as “Capital One Bank, USA, N.A.” (“Capital One”), and plaintiff Gail Belcher (“Plaintiff') (collectively, “Parties”), by and through their counsel of record, hereby submit this Stipulation and Order to Extend Capital One's Time to Respond to the Complaint by thirty (30) days, as follows:
WHEREAS:
1. Plaintiff filed the Complaint in this matter on January 12, 2023;
2. Plaintiff caused a copy of the Summons and Complaint to be served on Capital One on January 18, 2023, which provides for a responsive pleading deadline of February 8, 2023;
3. The Parties agree that an extension of time for Capital One to file its responsive pleading to the Complaint would benefit both Parties because it will allow them to continue to
gather additional facts and information while devoting then' resources to exploring the potential for early resolution of this matter before incurring further fees and costs;
4. The Parties have conferred and agree the request is made in good faith and not for the purposes of unnecessary delay;
5. Capital One and Plaintiff have agreed to extend Capital One's deadline to respond to Plaintiffs Complaint by thirty (30) days to March 10, 2023.
6. This is the first extension sought in connection with this deadline;
7. Neither Plaintiff nor any other party to this action will be prejudiced by the court granting Capital One the requested relief.
NOW, THEREFORE, IT IS HEREBY STIPULATED THAT:
Capital One's time to file a responsive pleading to Plaintiffs Complaint is extended.
Capital One shall file its responsive pleading to Plaintiffs Complaint on or before March 10, 2023.
IT IS SO ORDERED: