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

Filing 37

Unopposed MOTION for Extension of Time to January 6, 2011 to file reply to 13 MOTION to Dismiss, filed by Defendants BAC GP, LLC, BAC HOME LOANS SERVICING, LP, BANK OF AMERICA, N.A., COUNTRYWIDE HOME LOANS, INC.. (Attachments: # 1 Text of Proposed Order)(Strzynski, Matthew)

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

Doc. 37

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION DWAYNE RANSOM DAVIS and ) MELISA DAVIS, on behalf of themselves ) and all others similarly situated, ) ) Plaintiffs, ) ) v. ) ) COUNTRYWIDE HOME LOANS, INC.; ) BANK OF AMERICA, N.A.; ) BAC GP, LLC; and BAC HOME LOANS ) SERVICING, LP, ) ) Defendants. )

Civil Action No. 1:10-cv-1303-JMS-DML

DEFENDANTS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE A REPLY IN SUPPORT OF THEIR MOTION TO DISMISS Defendants Countrywide Home Loans, Inc.; Bank of America, N.A.; BAC GP, LLC; and BAC Home Loans Servicing, LP (collectively the "Defendants"), by counsel, pursuant to S.D. Ind. L.R. 6.1, hereby move the Court for an enlargement of time of fourteen (14) days, to and including January 6, 2010, within which to file a reply in support of their Motion to Dismiss, and in support state as follows: 1. Plaintiffs filed their Class Action Complaint on October 19, 2010. [DE # 1].

Defendants were served with Plaintiffs' Complaint and summonses shortly thereafter. 2. The Defendants filed their Motion to Dismiss and Brief in Support on November

11, 2010. [DE ## 13, 14]. Defendants did not seek any extensions of time prior to filing their Motion to Dismiss.

Dockets.Justia.com

3.

The Plaintiffs filed their Response to the Motion to Dismiss on December 13,

2010 [DE # 32], which included a fourteen (14) day unopposed extension of time granted by this Court. [DE ## 24, 25]. 4. Pursuant to Fed. R. Civ. P. 6(d) and S.D. Ind. L.R. 7.1(b), the Defendants' reply

in support of their Motion to Dismiss is due on or before December 23, 2010, which time has not passed. 5. The Defendants' reasonably request an additional fourteen (14) days within which

to file their reply, up to and including January 6, 2011. 6. The undersigned counsel contacted counsel for the Plaintiffs regarding the Counsel for the Plaintiffs has consented to the fourteen (14) day

proposed extension.

enlargement of time requested herein, up to and including January 6, 2011. WHEREFORE, the Defendants, by counsel, respectfully request an enlargement of time, up to and including January 6, 2011, within which to file their reply in support of the Motion to Dismiss. Respectfully submitted, /s/ Matthew R. Strzynski Matthew R. Strzynski, Atty. No. 23765-15 KRIEG DeVAULT LLP [e-mail] 12800 North Meridian Street, Suite 300 Carmel, Indiana 46032-9422 [phone] FAX: [phone]

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Libby Yin Goodknight, Atty. No. 20880-49B KRIEG DEVAULT LLP [e-mail] One Indiana Square, Suite 2800 Indianapolis, Indiana 46204 [phone] FAX: [phone] ­ and ­ Richard Cullen, pro hac vice J. William Boland, pro hac vice Bryan A. Fratkin, pro hac vice Brian E. Pumphrey, pro hac vice McGUIREWOODS LLP [e-mail] [e-mail] [e-mail] [e-mail] One James Center 901 East Cary Street Richmond, VA 23219-4030 Phone: [phone] Fax: [phone] Bradley Kutrow, pro hac vice McGUIREWOODS LLP [e-mail] Bank of America Corporate Center 100 North Tryon Street, Suite 2900 Charlotte, North Carolina 28202-4011 Phone: [phone] Fax: [phone] Attorneys for Defendants Countrywide Home Loans, Inc.; Bank of America, N.A.; BAC GP, LLC; and BAC Home Loans Servicing, LP

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CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was filed electronically. Notice of this filing will be sent to the parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. For those parties which are not registered with the Court's electronic filing system, I certify that a copy of this motion has been served by depositing a copy of it in the United States mail, first class postage prepaid on the 14th day of December, 2010. Gabriel Adam Hawkins Irwin B. Levin Vess Allen Miller Eric S. Pavlack Richard E. Shevitz Clifford T. Rubenstein MAURER RIFKIN & HILL, P.C. 11550 North Meridian Street, Suite 115 Carmel, IN 46032 [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

/s/ Matthew R. Strzynski Matthew R. Strzynski
KD_3115645_1.DOC

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