Walsh v. Bank of America N.A et al

Filing 36

ORDER Granting 33 Stipulation for Extension of Time. Compass Bank answer due 2/3/2016. Signed by Magistrate Judge Peggy A. Leen on 1/27/16. (Copies have been distributed pursuant to the NEF - TR)

Case 2:15-cv-02350-APG-PAL Document 33 Filed 01/19/16 Page 1 of 4

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Eric Tsai (12882)
MAURICE WUTSCHER LLP
71 Stevenson, Suite 400
San Francisco, California 94105
Tel. [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Compass Bank

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA – LAS VEGAS

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BRIAN A. WALSH,

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Plaintiff,

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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.

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Case No.: 2:15-cv-02350-APG-PAL
Assigned to Hon. Andrew P. Gordon
STIPULATION FOR
EXTENSION OF TIME TO
RESPOND TO COMPLAINT
(SECOND REQUEST)
Complaint Filed: August 6, 2015
Trial Date: TBD

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Plaintiff Brian A. Walsh (“Plaintiff”) and Defendant Compass Bank

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(“Compass”), by their attorneys, hereby request this Honorable Court to enlarge

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the time for Compass to respond to Plaintiff’s Complaint, for the reasons that

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follow:

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WHEREAS, Plaintiff filed his Complaint in state court on or about August
6, 2015. [DE 1].
WHEREAS, Compass was served with the summons and complaint on or
about November 20, 2015.
Stipulation for Extension of Time to Respond 1

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

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WHEREAS, defendant Capital One Bank (USA), N.A. filed a notice of
removal on or about December 9, 2015. [Id.].

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WHEREAS, in his Complaint, Plaintiff alleges that Compass supposedly

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violated the federal Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (“FCRA”)

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by reporting inaccurate information on Plaintiff’s credit report after Plaintiff’s

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discharge in bankruptcy. See Compl., ¶¶ 61-62, 70-71. [Id.].

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WHEREAS, Compass filed a stipulation for extension of time to respond on

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December 16, 2015. [DE 15]. On December 21, 2015, Compass filed a notice of

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corrected document in accordance with Court’s Minute Order entered on the same

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day. [DE 19].

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WHEREAS, on January 11, 2016, the Court denied without prejudice

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Compass’s stipulation for extension of time to respond. [DE 28]. On the same

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day, Compass filed an amended stipulation in accordance with the Court’s Minute

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Order. [DE 29].

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WHEREAS, due to the nature of Plaintiff’s allegations, Compass requires

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additional time to investigate the factual allegations contained in the Complaint

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and prepare an appropriate response.

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WHEREAS, the parties submit this motion not for the purpose of delay, but
to allow Compass additional time to appropriately respond to the Complaint.
WHEREAS, no other party would be unduly prejudiced if the Court grants
Compass additional time to complete its investigation.
WHEREAS, Plaintiff’s counsel has no objection to an extension of time up
to and including February 3, 2016.
WHEREAS, this is Compass’s second request to an extension of time to
respond.

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[continued on next page]

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Stipulation for Extension of Time to Respond 2

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WHEREFORE, the parties respectfully request that this Court issue an order

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enlarging the time for Compass to file its response to the Complaint up to and

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including February 3, 2016, and that this Court provide such further relief as it

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deems just and necessary.

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Dated: January 19, 2016

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/s/ Michael Kind
Michael Kind (13903)
KAZEROUNI LAW GROUP, APC
7854 W. Sahara Avenue
Las Vegas, NV 89117
Tel. [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Brian A. Walsh

/s/ Eric Tsai
Eric Tsai (12882)
MAURICE WUTSCHER LLP
71 Stevenson Street, Suite 400
San Francisco, California 94105
Tel. [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Compass Bank

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IT IS SO ORDERED:

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HONORABLE PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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DATED: January 27, 2016

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Stipulation for Extension of Time to Respond 3

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CERTIFICATE OF SERVICE

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I, Eric Tsai, certify that on the 19th day of January 2016 and pursuant to Fed.

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R. Civ. P. 5, I served a true and correct copy of the foregoing document and related

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exhibits on all interested parties via CM/ECF.

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/s/ Eric Tsai
Eric Tsai

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Stipulation for Extension of Time to Respond 4

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