Opinion
2:22-CV-01338-RFB-VCF
12-09-2022
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. Attorneys for Bank of America, N.A.
WRIGHT, FINLAY & ZAK, LLP Darren T. Brenner, Esq. Jory C. Garabedian, Esq. Attorneys for Bank of America, N.A.
UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT
(SECOND 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 (Second 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]. On October 31, 2022, the Court granted BANA's Unopposed Motion to Extend Time to Respond to Plaintiff's First Amended Complaint (First Request) [ECF No. 56], which extended the deadline for BANA to respond the First Amended Complaint to November 30, 2022.
On November 21, 2022, BANA sent Plaintiff's counsel correspondence regarding BANA's legal position in the case and proposal for resolution. Plaintiff is still reviewing the correspondence and proposal. However, BANA's national counsel is out of the country until December 6, 2022, and would like the opportunity to BANA's resolution proposal. On November, 30, 2022, Plaintiff approved BANA's request for an additional 14-day extension to respond to the First Amended Complaint, which would make the response due December 14, 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 December 14, 2022. This is the second 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: