Opinion
Case No. 2:11-cv-01215-MCE-KJN
09-22-2011
VIOLETA B. & EPIFANIO A. DEL VALLE, individuals, Plaintiffs, v. BANK OF AMERICA, N.A., a Corporation; DOES 1 through 50, inclusive, Defendants.
LAW OFFICES OF KENNETH R. GRAHAM Kenneth Graham Kenneth R. Graham Attorneys for Plaintiffs VIOLETA B. & EPIFANIO A. DEL VALL BRYAN CAVE LLP Andrea M. Hicks Michael J. Peng Michael J. Peng Attorneys for Defendant BANK OF AMERICA, N.A.
BRYAN CAVE LLP
C. Scott Greene, California Bar No. 277445
Alison V. Lippa, California Bar No. 160807
Michael J. Peng, California Bar No. 260852
Attorneys for Defendant
BANK OF AMERICA, N.A.
LAW OFFICES OF KENNETH R. GRAHAM
Kenneth R. Graham, California Bar No. 216733
Ekaterina Kashlinsky, California Bar No. 244799
Attorneys for Plaintiffs
VIOLETA B. & EPIFANIO A. DEL VALLE
JOINT STIPULATION EXTENDING
DEFENDANT'S TIME TO FILE A
RESPONSIVE PLEADING TO
PLAINTIFFS' COMPLAINT PURSUANT
TO L.R. 143 AND 144; ORDER THEREON
Complaint Filed: April 1, 2011
Trial Date: Not Yet Assigned
Judge: Hon. Morrison C.
England, Jr.
JOINT STIPULATION
Defendant Bank of America, N.A. ("Defendant") and Plaintiffs Violeta B. and Epifanio A. Del Valle ("Plaintiffs") by and through their counsel of record, hereby stipulate and agree as follows:
1. Plaintiffs filed their Complaint in this action on April 1, 2011;
2. Defendants received notice of this action on April 5, 2011;
3. Defendants removed this action to the United States District Court, Eastern District on May 5, 2011;
4. Defendants' deadline to file a responsive pleading to Plaintiffs' Complaint has not been set by Order of this Court;
5. Per Federal Rules of Civil Procedure, Defendants' original deadline to file a responsive pleading to Plaintiffs' Complaint was May 12, 2011;
6. The Parties previously stipulated, and the Court entered an order, to extend Defendant's deadline to file a responsive pleading to Plaintiffs' Complaint to September 12, 2011, therefore, there has been a four-month extension of time;
7. The parties are currently exploring available settlement options, therefore, to continue these negotiations, reduce cost of litigation for both parties, and unburden the Court's docket, Defendant, by and through its undersigned counsel, requests and Plaintiffs agree, by and through their undersigned counsel, on September 7, 2011, that Defendant's deadline to file a responsive pleading to Plaintiffs' Complaint shall be extended by 45-days, to October 27, 2011;
8. The stipulated extension to file a responsive pleading will not result in prejudice to any party and its impact on judicial proceedings is not expected to be significant.
Nothing in this stipulation shall constitute a waiver of any arguments or defenses that Defendant or Plaintiffs may wish to assert in their pleadings, all of which are expressly reserved.
LAW OFFICES OF KENNETH R.
GRAHAM
Kenneth Graham
Kenneth R. Graham
Attorneys for Plaintiffs
VIOLETA B. & EPIFANIO A. DEL VALL
BRYAN CAVE LLP
Andrea M. Hicks
Michael J. Peng
Michael J. Peng
Attorneys for Defendant
BANK OF AMERICA, N.A.
The Court has previously informed the parties that no further extensions would be granted. Accordingly, the parties' stipulation is rejected and the request for a further extension to file a responsive pleading is DENIED. Defendant shall file a responsive pleading with the court not later than twenty (20) days after this order is filed electronically.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE