Opinion
2:23-cv-00029-APG-NJK
04-04-2023
The Estate of Noel H. Reveron; Rosalina Reveron and Ashley Ramautar, as Special Co-Administrators, Plaintiff, v. Robert Wayne Johnson, individually; United States of America ex. rel. United States Postal Service; Does Driver, Individually, Does Companies 1 through 10 and Does 11 through 20, inclusive, Defendants.
LERNER & ROWE INJURY ATTORNEYS, FRANCIS ARENAS. ESQ. Attorneys for Plaintiff JASON FRIERSON, United States Attorney, VIRGINIA T. TOMOVA, Assistant United States Attorney, Attorneys for the United States
LERNER & ROWE INJURY ATTORNEYS, FRANCIS ARENAS. ESQ. Attorneys for Plaintiff
JASON FRIERSON, United States Attorney, VIRGINIA T. TOMOVA, Assistant United States Attorney, Attorneys for the United States
STIPULATION AND ORDER TO EXTEND TIME TO FILE A RESPONSE (THIRD REQUEST)
Plaintiffs and Defendants through undersigned counsel, hereby submit this stipulation to extend the date for Defendants to file and serve a responsive pleading to the Plaintiffs' first amended complaint (“the amended complaint”), which was filed on April 3, 2023. ECF No. 12.
The parties filed their first request for an extension of time, to allow the Plaintiffs to file the amended complaint. ECF No. 6. The first request was granted by the Court. ECF No. 7. Pursuant to the first request the Defendants have until April 3, 2023, to provide a responsive pleading to the amended complaint once it is filed. ECF No. 7. Prior to the Plaintiffs' filing the amended complaint, the parties filed a second request to extend the time to file a response. ECF No. 10. That request was denied by the Court, as the parties did not specify the reasons for the Plaintiffs' delay in filing the amended complaint. ECF No. 11. Plaintiffs were not able to file their amended complaint sooner, because Plaintiffs' counsel is transitioning to a new firm and this case is in the process of being reassigned to a different counsel for handling. However, the Plaintiffs filed the amended complaint on the same date that the responsive pleading to the amended complaint is due.
Since the Plaintiffs' amended complaint was filed on the same date that the response to that amended complaint was due, the parties, through undersigned counsel, stipulate and request that the Court approve a four-weeks extension of time, from April 3, 2023, to May 1, 2023, for the Defendants to file a responsive pleading to the amended complaint.
The Defendants will need the additional time to evaluate the causes of actions and claims raised in the amended complaint, to provide a responsive pleading. This is the third request for an extension of time.
Therefore, the parties request that the Court extend the deadline for the United States to answer or otherwise respond to the Plaintiffs' First Amended Complaint to May 1, 2023.
This stipulated request is filed in good faith and not for the purposes of undue delay.
NO FURTHER EXTENSIONS WILL BE GRANTED.
IT IS SO ORDERED: