Opinion
2:22-CV-01691-CDS-BNWO
12-08-2022
FRANCIS WOOTERS, Plaintiff, v. EXPERIAN INFORMATION SOLUTIONS, INC., TRANS UNION, LLC, BANK OF AMERICA, N.A., MARLETTE FUNDING, LLC, FIRST NATIONAL BANK OF OMAHA, JPMORGAN CHASE BANK, N.A., HSBC BANK USA, N.A., AND SYNCHRONY FINANCIAL. Defendants.
WRIGHT, FINLAY & ZAK, LLP Darren T. Brenner, Esq., Jory C. Garabedian, Esq. Attorney for Defendant, Bank of America, N.A.
WRIGHT, FINLAY & ZAK, LLP Darren T. Brenner, Esq., Jory C. Garabedian, Esq. Attorney for Defendant, Bank of America, N.A.
UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFF'S 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 Complaint (Second Request):
On October 6, 2022, Plaintiff filed his Complaint [ECF No. 1]. The Summons to Defendants was issued on October 7, 2022 [ECF No. 3] and purportedly served on October 10, 2022. On October 27, 2022, the Court granted BANA's Unopposed Motion to Extend Time to Respond to Plaintiff's Complaint (First Request) [ECF No. 9], which extended the deadline for BANA to respond the Complaint to November 30, 2022.
The parties have exchanged correspondence regarding their respective legal positions in this case in furtherance of case resolution efforts. However, BANA's national counsel was out of the country until December 6, 2022, and wanted the opportunity to review Plaintiff's latest correspondence sent on November 29, 2022, in furtherance of early resolution efforts. Plaintiff has approved an additional 14-day extension to respond to the Complaint, which would make the response due December 14, 2022.
Excusable neglect exists for the late submission of this Unopposed Motion. Counsel for BANA had the original Motion prepared and ready to file by the November 30, 2022 response deadline. The original Motion was sent to his paralegal for filing before 5:00 p.m., but counsel was unaware that his paralegal had already left for the day so the motion did not get filed until the next morning on December 1, 2022. [See ECF No. 34].
Based upon the foregoing, BANA respectfully requests that the Court extend the deadline for BANA to file its response to Plaintiff's Complaint to December 14, 2022. This is the second request for extension of time for BANA to respond to Plaintiff's 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.