Kennedy v. Bank of America, N.A. et al

Filing 61

ORDER by Judge Yvonne Gonzalez Rogers denying 58 Stipulation to Extend Time to Answer Plaintiff's Second Amended Complaint. (fs, COURT STAFF) (Filed on 10/1/2012)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6

TERRY KENNEDY,
Plaintiff,

7
8
9

Case No.: 12-CV-952 YGR
ORDER DENYING STIPULATION TO EXTEND
TIME TO ANSWER PLAINTIFF’S SECOND
AMENDED COMPLAINT

vs.
BANK OF AMERICA, N.A. ET AL.,

10

Defendants.
11

Northern District of California

United States District Court

12
13

Defendants Bank of America, N.A. and Recontrust Company, N.A. (“Defendants”) submitted

14

a stipulation, entered into by Plaintiff’s counsel, September Katje, to extend Defendants’ time to

15

answer Plaintiff’s Second Amended Complaint. (Dkt. No. 58.) The request by stipulation is DENIED.

16

This Court granted Defendants’ Motion to Dismiss certain claims in the Second Amended

17

Complaint by Order dated July 9, 2012. (Dkt. No. 42.) That Order required Defendants to file their

18

answer to the remaining claims no later than July 23, 2012. The Court subsequently granted an

19

extension of Defendants’ time to answer to October 19, 2012, based upon the representation that the

20

case had settled and the parties anticipated filing a dismissal prior to the new deadline. (See Dkt. No.

21

43 [Stipulation]; Dkt No. 44 [Joint Notice of Settlement]; Dkt. No. 45 [Order Granting Stipulation].)

22

Counsel for Plaintiff subsequently filed a Motion to Withdraw as Attorney and case is apparently

23

proceeding, not being dismissed.

24

In light of the foregoing, the Court will not grant a further extension of time.

25

IT IS SO ORDERED.

26
27
28

Dated: October 1, 2012
____________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE