Jacques vs. Bank of America Corporation, et al.

Filing 200

ORDER GRANTING DEFENDANTS' REQUEST FOR A SIXTY DAY EXTENSION OF TIME TO FILE DISPOSITIVE DOCUMENTS (ECF No. 198, 199): It is hereby ordered that Defendant's request for an extension of time to file dispositive documents is GRANTED. The parties shall file dispositive documents on or before March 1, 2017. Signed by Magistrate Judge Stanley A. Boone on 12/27/2016. (Valdez, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TROY JACQUES,

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ORDER GRANTING DEFENDANTS’
REQUEST FOR A SIXTY DAY
EXTENSION OF TIME TO FILE
DISPOSITIVE DOCUMENTS

Plaintiff,

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Case No. 1:12-cv-00821-SAB

v.
BANK OF AMERICA CORPORATION, et
al.,

(ECF No. 198, 199)

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Defendants.

DEADLINE: MARCH 1, 2017

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On October 24, 2016, Plaintiff filed a notice of settlement. Due to the fact that Plaintiff

19 had previously filed bankruptcy and the settlement would need to be addressed through that
20 court, an order issued directing the parties to file dispositive documents with sixty days of
21 October 25, 2016. On December 23, 2016, the parties filed separate status reports.
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It is apparent from the parties status reports that there was confusion as to how the

23 settlement would be handled through the bankruptcy proceedings. Defendants have advised
24 Plaintiff that they have retained bankruptcy counsel and will take all steps necessary to have the
25 settlement agreement approved though the Bankruptcy Court. Defendants seek an additional
26 sixty days to finalize the agreement. The Court finds good cause to grant Defendants’ request.
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Plaintiff seeks for this Court to order a report from the bankruptcy attorney regarding the

28 discussions between the lawyer and the Trustee because it can be weeks before counsel knows

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1 what is actually being done. Alternatively, Plaintiff seeks an order for a conference with the
2 Trustee, defense counsel, plaintiff’s counsel, the Plaintiff, the defendant’s bankruptcy counsel,
3 and the attorney for the Plaintiff in the bankruptcy. The Court does not have jurisdiction over the
4 bankruptcy in this action. If Plaintiff’s counsel seeks information on the bankruptcy proceedings
5 he is advised to contact the Clerk of the Bankruptcy Court or Plaintiff’s bankruptcy attorney. As
6 the debtor, Plaintiff should receive information on the bankruptcy proceedings from the Trustee.
Based on the foregoing, IT IS HEREBY ORDERED that Defendant’s request for an

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8 extension of time to file dispositive documents is GRANTED. The parties shall file dispositive
9 documents on or before March 1, 2017.
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IT IS SO ORDERED.

12 Dated:

December 27, 2016
UNITED STATES MAGISTRATE JUDGE

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