Sipe v. Countrywide Bank, et al.

Filing 96

ORDER GRANTING in Part Request for Additional Time to Submit Evidence in Support of Default Judgment, signed by Magistrate Judge Jennifer L. Thurston on 7/11/2012. (Hall, S)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

VINCENT SIPE,

12
13
14
15
16
17

Case No. 1:09-cv-00798 JLT
Plaintiff,

GRANTING IN PART REQUEST
FOR ADDITIONAL TIME TO
SUBMIT EVIDENCE IN SUPPORT
OF DEFAULT JUDGMENT

v.
COUNTRY WIDE BANK, et al.,
Defendants.
_____________________________________

On January 10, 2012, Plaintiff filed his motion for default judgment but failed to set it for

18

hearing. (Docs. 83, 87) On April 16, 2012, the Court set the matter for hearing and heard it on

19

May 24, 2012. (Doc. 94) At the hearing, the Court expressed concern that the measure of

20

damages was not the entire value of the alleged wrongful loan as Plaintiff claimed. Thus, the

21

Court expressed that the motion failed to set forth the lawful measure of damages. Counsel

22

agreed with the Court’s analysis and requested additional time to provide evidence, in the form of

23

an expert declaration, which would set forth Plaintiff’s lawful damages. Thus, Plaintiff’s

24

additional evidence was due on July 6, 2012. (Doc. 94)

25

Now before the Court is the declaration of counsel seeking 90 days additional to submit

26

the evidence. (Doc. 95) Counsel reports that he has met with various experts but has not yet been

27

able to obtain the needed declarations. Id.

28

Good cause appearing, the Court GRANTS IN PART and DENIES IN PART the
1

1

request for the extension of time. Plaintiff is granted 60 days from the date of this order to file the

2

needed declarations.

3
4
5

IT IS SO ORDERED.
Dated:

6

July 11, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

7
8

DEAC_Signature-END:

9j7khijed

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2