Levy v. Prevacus, Inc.

Filing 40

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)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

DANIEL E. LEVY,
Plaintiff,

8
9
10

United States District Court
Northern District of California

11

v.
PREVACUS, INC., et al.,
Defendants.

Case No. 4:16-cv-01555-KAW
ORDER GRANTING DEFENDANTS
MOTION TO EXTEND TIME TO
ANSWER THE FIRST AMENDED
COMPLAINT
Re: Dkt. No. 34

12

On February 9, 2017, Defendant Jacob W. VanLandingham requested a 45 day extension

13

of time, until March 25, 2017, to respond to Plaintiff’s first amended complaint in order to obtain

14

new counsel. (Dkt. No. 34 at 7.) The Court notes that Mr. VanLandingham also requested to

15

extend the time to respond on behalf of his corporation Prevacus, Inc., which he understands must

16

be represented by counsel.

17

Plaintiff Daniel E. Levy opposed the 45 day extension, but agreed to a final two -week

18

extension until March 1, 2017. (See Pl.’s Opp’n, Dkt. No. 38 at 3.) While the Court sympathizes

19

with Plaintiff’s frustration regarding Defendants’ seven month delay in obtaining counsel, the

20

Court will GRANT the 45 day extension, as there is sufficient time for the parties to prepare for

21

the initial case management conference on April 25, 2017.

22

Defendants are advised that the Court will not permit any further extensions absent good

23

cause. Accordingly, should Defendants not obtain counsel before the March 25, 2017 deadline to

24

respond, Plaintiff may go forward with default proceedings against the corporate defendant.

25
26
27
28

IT IS SO ORDERED.
Dated: March 1, 2017
__________________________________
KANDIS A. WESTMORE
United States Magistrate Judge