Kenworthy v. Old Republic Title & Escrow et al

Filing 24

ORDER signed by Magistrate Judge Allison Claire on 5/31/17 ORDERING that CBIP and Ms. Vitale's request for an extension of time to respond to the Complaint through and including 6/20/2017 20 , is GRANTED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIM KENWORTHY, EXECUTOR
OF THE ESTATE OF DONALD
KENWORTHY,
Plaintiff,

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v.
OLD REPUBLIC TITLE &
ESCROW; ACADEMY
MORTGAGE; COLDWELL
BANKER ISLAND PROPERTIES;
HOMESTREET BANK;
AMERICAN GREEN REALTY;
NATIONSTAR MORTGAGE;
VIOLET BLAKENEY; ELISABETH
SITTNER; MELANIE VITALE;
FAITH ARMANINI; KARA
BELTRAN; DENI KAWAUCHI;
DOES 1-50, INCLUSIVE,

CASE NO: 2:17-cv-00856-GEB-AC
[PROPOSED] ORDER GRANTING
DEFENDANTS CBIP, INC., DBA
COLDWELL BANKER ISLAND
PROPERTIES AND MELANIE
VITALE’S EX PARTE
APPLICATION FOR EXTENSION
OF TIME TO RESPOND TO
COMPLAINT
Assigned to:
District Judge Garland E. Burrell, Jr.
Magistrate Judge Allison Claire
Complaint Filed: April 24, 2017
Trial Date:
Not Set

Defendants.

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Defendants CBIP, Inc. dba Coldwell Banker Island Properties (“CBIP”)

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(incorrectly identified in the caption as Coldwell Banker Island Properties) and

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Melanie Vitale (“Ms. Vitale”) applied ex parte for an initial extension of time to

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respond to the Complaint filed by Plaintiff Tim Kenworthy, Executor of the

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[PROPOSED] ORDER GRANTING DEFENDANTS CBIP, INC., DBA COLDWELL
BANKER ISLAND PROPERTIES AND MELANIE VITALE’S EX PARTE APPLICATION
FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
2:17-cv-00856-GEB-AC

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Estate of Donald Kenworthy (“Plaintiff”), pursuant to Local Rule 144 (Fed. R.

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Civ. P. 6).

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A stipulation extending time could not be obtained because Plaintiff

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rejected CBIP and Ms. Vitale’s request for such extension during a phone call

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between Plaintiff and counsel for CBIP and Ms. Vitale. An extension is

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necessary because defense counsel was recently retained and needs a reasonable

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period of time to investigate the facts alleged in the Complaint and applicable

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defenses.

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GOOD CAUSE APPEARING,

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Accordingly, CBIP and Ms. Vitale’s request for an extension of time to

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respond to the Complaint through and including June 20, 2017, is GRANTED.

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IT IS SO ORDERED.

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DATED: May 31, 2017

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2387.002/3BC6262.amq

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[PROPOSED] ORDER GRANTING DEFENDANTS CBIP, INC., DBA COLDWELL
BANKER ISLAND PROPERTIES AND MELANIE VITALE’S EX PARTE APPLICATION
FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
2:17-cv-00856-GEB-AC