DAVIS et al v. COUNTRYWIDE HOME LOANS, INC. et al

Filing 24

MOTION for Extension of Time to December 13, 2010 to file response to 13 MOTION to Dismiss, filed by Plaintiffs DWAYNE RANSOM DAVIS, MELISA DAVIS. (Attachments: # 1 Text of Proposed Order)(Pavlack, Eric)

DAVIS et al v. COUNTRYWIDE HOME LOANS, INC. et al

Doc. 24

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION DWAYNE RANSOM DAVIS and MELISA DAVIS, on behalf of themselves and all others similarly-situated, Plaintiffs, vs. COUNTRYWIDE HOME LOANS, INC.; BANK OF AMERICA, N.A.; BAC GP, LLC; and BAC HOME LOANS SERVICING, LP, Defendants. Case No. 1:10-cv-1303-JMS/DML

PLAINTIFFS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO DEFENDANTS' MOTION TO DISMISS Plaintiffs, by counsel, pursuant to S.D.Ind.L.R. 6.1, hereby move the Court for an enlargement of time of 14 days to respond to the Defendants' Motion to Dismiss, and in support state as follows: 1. Defendants filed their Motion to Dismiss on November 11, 2010. Pursuant to

F.R.C.P. 6(d) and S.D.Ind.L.R. 7.1 Plaintiffs' response to this Motion is due on November 29, 2010. 2. Despite reasonable diligence, Plaintiffs and their counsel are in need of additional

time to prepare their response to the Defendants' Motion to Dismiss. 3. Counsel for the Defendants have consented to 14-day enlargement of time to

respond to the their Motion to Dismiss, to and including December 13, 2010.

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WHEREFORE, Plaintiffs, by counsel, respectfully request an enlargement of time to and including December 13, 2010, within which to respond to the Defendants' Motion to Dismiss.

Respectfully submitted, By: /s/ Eric S. Pavlack Irwin B. Levin Richard E. Shevitz Eric S. Pavlack Vess A. Miller Gabriel A. Hawkins COHEN AND MALAD, LLP One Indiana Square, Suite 1400 Indianapolis, IN 46204 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] Counsel for the Plaintiffs and Proposed Class Clifford T. Rubenstein MAURER RIFKIN & HILL, P.C. 11550 North Meridian Street, Suite 115 Carmel, IN 46032 Telephone: [phone] Facsimile: [phone] Counsel for the Plaintiffs and Proposed Class

CERTIFICATE OF SERVICE I hereby certify that on November 23, 2010, a copy of the foregoing was filed electronically. Notice of this filing will be sent to counsel of record by operation of the Court's electronic filing system. /s/ Eric S. Pavlack Eric S. Pavlack