Opinion
2:22-CV-01338-RFB-VCF
10-31-2022
SHAWN WALKER, Plaintiff, v. EQUIFAX INFORMATION SERVICES, LLC; EXPERIAN INFORMATION SOLUTIONS, INC., TRANS UNION, LLC; ALLY FINANCIAL, INC.; CAPITAL ONE SERVICES, LLC; 1ST UNITED CREDIT UNION; BANK OF AMERICA, N.A.; CARMAX AUTO SUPERSTORES, INC., JPMORGAN CHASE BANK, N.S.; CORELOGIC CREDCO, LLC; TD AUTO FINANCE, LLC, Defendants.
WRIGHT, FINLAY & ZAK, LLP Darren T. Brenner, Esq. Jory C. Garabedian, Esq.
WRIGHT, FINLAY & ZAK, LLP
Darren T. Brenner, Esq.
Jory C. Garabedian, Esq.
UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT
(First Request)
Defendant Bank of America N.A. (“BANA”) by and through its undersigned counsel of record, hereby submits the following Unopposed Motion to Extend Time to Respond to Plaintiff's First Amended Complaint (First Request):
On August 17, 2022, Plaintiff filed his original Complaint [ECF No. 1]. The Summons to Defendants was issued on August 17, 2022 [ECF No. 3]. On September 1, 2022, Plaintiff sent BANA a request to waive service of summons [ECF No. 6]. BANA executed the waiver of service, which made the initial deadline to respond to the original Complaint October 31, 2022 [ECF No. 6].
On October 26, 2022, Plaintiff filed his First Amended Complaint [ECF No. 53]. Pursuant to Fed.R.Civ.P. 15(a)(3) the current deadline to respond is November 9, 2022.
BANA's counsel is still investigating the allegations raised in Plaintiff's original Complaint and First Amended Complaint. Further, Plaintiff and BANA have discussed extending the deadline to November 30, 2022, in order to continue to explore early resolution opportunities. On October 27, 2022, BANA received approval from Plaintiff's counsel to make the response due November 30, 2022.
Based upon the foregoing, BANA respectfully requests that the Court extend the deadline for BANA to file its response to Plaintiff's First Amended Complaint to November 30, 2022. This is the first request for extension of time for BANA to respond to Plaintiff's First Amended Complaint. The extension is requested in good faith and is not for purposes of delay or prejudice to any other party.
IT IS SO ORDERED: