Levy v. Prevacus, Inc.
ORDER by Judge Kandis A. Westmore granting Defendants' 34 Motion for Extension of Time to Answer. Defendants' response is due by 3/25/2017. (kawlc1, COURT STAFF) (Filed on 3/1/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
DANIEL E. LEVY,
United States District Court
Northern District of California
PREVACUS, INC., et al.,
Case No. 4:16-cv-01555-KAW
ORDER GRANTING DEFENDANTS
MOTION TO EXTEND TIME TO
ANSWER THE FIRST AMENDED
Re: Dkt. No. 34
On February 9, 2017, Defendant Jacob W. VanLandingham requested a 45 day extension
of time, until March 25, 2017, to respond to Plaintiff’s first amended complaint in order to obtain
new counsel. (Dkt. No. 34 at 7.) The Court notes that Mr. VanLandingham also requested to
extend the time to respond on behalf of his corporation Prevacus, Inc., which he understands must
be represented by counsel.
Plaintiff Daniel E. Levy opposed the 45 day extension, but agreed to a final two -week
extension until March 1, 2017. (See Pl.’s Opp’n, Dkt. No. 38 at 3.) While the Court sympathizes
with Plaintiff’s frustration regarding Defendants’ seven month delay in obtaining counsel, the
Court will GRANT the 45 day extension, as there is sufficient time for the parties to prepare for
the initial case management conference on April 25, 2017.
Defendants are advised that the Court will not permit any further extensions absent good
cause. Accordingly, should Defendants not obtain counsel before the March 25, 2017 deadline to
respond, Plaintiff may go forward with default proceedings against the corporate defendant.
IT IS SO ORDERED.
Dated: March 1, 2017
KANDIS A. WESTMORE
United States Magistrate Judge
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