Walsh v. Bank of America N.A et al

Filing 21

ORDER Granting 15 Stipulation to Extend Time re 1 Petition for Removal. Capital One answer due 1/15/2016. Signed by Magistrate Judge Peggy A. Leen on 12/21/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:15-cv-02350-APG-PAL Document 15 Filed 12/16/15 Page 1 of 3

1 FERNALD LAW GROUP LLP
BRANDON C. FERNALD (SBN 10582)
2 [e-mail]
6236 Laredo Street
3 Las Vegas, Nevada 89146
Tel: [phone]
4 Fax: [phone]
5 Attorneys for Defendant,
CAPITAL ONE BANK (USA), N.A.,
6 erroneously sued as “Capital One”
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA – LAS VEGAS

D OLL A MIR & E LEY LLP

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BRIAN A. WALSH,

Case No. 2:15-cv-02350-APG-PAL

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Plaintiff,

Assigned to Judge Andrew P.
Gordon
Referred to Magistrate Judge Peggy
A. Leen

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v.

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BANK OF AMERICA, N.A., CAPITAL
ONE, COMPASS BANK, MORTGAGE
SERVICE CENTER, SPECIALIZED
LOAN SERVICING, LLC,
ROUNDPOINT MORTGAGE, and
EXPERIAN INFORMATION
SOLUTIONS, INC.,

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Defendants.

STIPULATION TO EXTEND
TIME TO RESPOND TO
COMPLAINT
(FIRST REQUEST)
[[Proposed] Order lodged
concurrently herewith]
Complaint Filed: August 6, 2015
Trial Date:
TBA

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT

Case 2:15-cv-02350-APG-PAL Document 15 Filed 12/16/15 Page 2 of 3

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Plaintiff Brian A. Walsh (“Plaintiff”), by and through his counsel of record,

2 Michael Kind (who appeared in the state-court action before it was removed to this
3 Court and will make an appearance in this Court shortly) and Defendant Capital One
4 Bank (USA), N.A., erroneously named as “Capital One” (“Capital One”), by and
5 through its counsel of record, Brandon C. Fernald, hereby submit this stipulation to
6 extend Capital One’s time to file a responsive pleading to Plaintiff’s Complaint by
7 thirty (30) days, as follows:
8 WHEREAS:
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1.

Plaintiff filed the Complaint in this matter on August 6, 2015, and

D OLL A MIR & E LEY LLP

10 effectuated service of his Summons and Complaint on Capital One on November 19,
11 2015;
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2.

The Parties agree that a brief extension of time for Capital One to file its

13 responsive pleading to the Complaint would benefit both Parties because it will allow
14 them to gather additional facts and information while continuing to devote their
15 resources to exploring the potential for early resolution of this matter before incurring
16 further fees and costs;
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3.

Capital One and Plaintiff have agreed to extend Capital One’s current

18 deadline to respond to Plaintiff’s Complaint by thirty (30) days to January 15, 2016;
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NOW, THEREFORE, IT IS HEREBY STIPULATED THAT:

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CAPITAL ONE will file its responsive pleading to Plaintiff’s Complaint on or

22 before January 15, 2016.
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24 IT IS SO STIPULATED.
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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT

Case 2:15-cv-02350-APG-PAL Document 15 Filed 12/16/15 Page 3 of 3

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DATED: December 16, 2015

KAZEROUNI LAW GROUP, APC

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By:_/s/ Michael Kind ________________
MICHAEL KIND
Attorneys for Plaintiff,
TOMMY D. DAVIS

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DATED: December 16, 2015

FERNALD LAW GROUP LLP

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D OLL A MIR & E LEY LLP

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By:_/s/ Brandon C. Fernald____________
BRANDON C. FERNALD
Attorneys for Defendant,
CAPITAL ONE BANK (USA),
N.A., Erroneously Named As
“Capital One”

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT

Case 2:15-cv-02350-APG-PAL Document 15-1 Filed 12/16/15 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA – LAS VEGAS

D OLL A MIR & E LEY LLP

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BRIAN A. WALSH,

Case No. 2:15-cv-02350-APG-PAL

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Plaintiff,

Assigned to Judge Andrew P.
Gordon
Referred to Magistrate Judge Peggy
A. Leen

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v.

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BANK OF AMERICA, N.A., CAPITAL
ONE, COMPASS BANK, MORTGAGE
SERVICE CENTER, SPECIALIZED
LOAN SERVICING, LLC,
ROUNDPOINT MORTGAGE, and
EXPERIAN INFORMATION
SOLUTIONS, INC.,

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Defendants.

[PROPOSED] ORDER
EXTENDING TIME TO
RESPOND TO COMPLAINT
[Stipulation filed concurrently
herewith]
Complaint Filed: August 6, 2015
Trial Date:
TBA

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[PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT

Case 2:15-cv-02350-APG-PAL Document 15-1 Filed 12/16/15 Page 2 of 2

ORDER

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The Court has reviewed the Stipulation filed by Plaintiff Brian A. Walsh and

3 Defendant Capital One Bank (USA), N.A. (“Capital One”), to extend Capital One’s
4 time to file a responsive pleading by thirty (30) days. The Stipulation is incorporated
5 herein by reference. Good cause appearing thereon, the Court hereby orders as
6 follows:
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Capital One’s time to file a responsive pleading to the Complaint is hereby

8 extended. Capital One shall file its responsive pleading to the Complaint on or before
9 January 15, 2016.

D OLL A MIR & E LEY LLP

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11 IT IS SO ORDERED.
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December 21, 2015
13 DATED: ____________________

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__________________________
HON. PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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[PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT