Carolyn E. Miner v. JP Morgan Chase Bank, N.A.

Filing 17

ORDER GRANTING 15 Ex Parte Request for Additional Time to File a Responsive Pleading, signed by Magistrate Judge Jennifer L. Thurston on 9/15/2016. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CAROLYN MINER,
Plaintiff,

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v.

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J.P. MORGAN CHASE, NA,,
Defendant.

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Case No.: 1:16-cv-00626 AWI JLT
ORDER GRANTING EX PARTE REQUEST FOR
ADDITIONAL TIME TO FILE A RESPONSIVE
PLEADING
(Doc. 16)

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The plaintiff filed a proof of service claiming service of the first amended complaint occurred

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on August 24, 2016. (Doc. 14) The defendant asserts that the service of the complaint was improper1

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such that its obligation to respond has not been triggered. (Doc. 15 at 2) Nevertheless, the defendant

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requests until September 30, 2016 to respond. Id.
Counsel for the defendant reports that she attempted to obtain a stipulation from the plaintiff

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and left several messages for her, seeking a return call, but the plaintiff did not respond. (Doc. 15-1 at

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2) Thus, good cause appearing, the Court ORDERS:

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The Court notes that the service was made, it appears, via substitute service to the secretary for counsel for the defendant
(Doc. 14) rather than personal service on a proper representative of the defendant . Fed. R. Civ. P. 4(h).

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The ex parte request for an extension to September 30, 2016 to file a responsive

pleading is GRANTED.

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IT IS SO ORDERED.
Dated:

September 15, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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