McDonald v. Donofrio

Filing 38

ORDER Granting 37 Motion to Extend Time. Bank of America and Paul M. Donofrio Answer re 36 Amended Complaint due 1/20/2023. Signed by Magistrate Judge Brenda Weksler on 1/17/2023. (Copies have been distributed pursuant to the NEF - TRW)

Case 2:21-cv-01892-GMN-BNW Document 38
37 Filed 01/17/23
01/13/23 Page 1 of 3

1
2
3
4
5
6

WRIGHT, FINLAY & ZAK, LLP
Christina V. Miller, Esq.
Nevada Bar No. 12448
Jory C. Garabedian, Esq.
Nevada Bar No. 10352
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Defendants Paul M. Donofrio & Bank of America, N.A.

7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9
10

DOLLIE MCDONALD,

11

Case No.: 2:21-cv-01892-GMN-BNW

Plaintiff,

12
13

MOTION TO EXTEND DEADLINE TO
RESPOND TO FIRST AMENDED
COMPLAINT

vs.

14
15
16
17
18
19
20

PAUL M. DONOFRIO, individually and in his
official capacity, and BANK OF AMERICA, as
Successor in interest to COUNTRYWIDE
HOME LOANS, INC. and COUNTRYWIDE
BANK, FSB, BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE
HOME LOANS SERVICING, LP

(First Request)

Defendants.

21
22

Defendants Paul M. Donofrio and Bank of America, N.A. (“Defendants”), by and through

23

their undersigned attorneys of record, hereby submit the instant Motion to Extend Deadline to

24

Respond to First Amended Complaint.

25

Defendants respectfully submits that good cause exists for a short four-day extension to the

26

respond the First Amended Complaint through January 20, 2023.

This is the first request for an extension of time.

27

On December 19, 2022, Defendants and Plaintiff Dollie McDonald (“Plaintiff”) entered

28

into a Stipulation for Leave to File First Amended Complaint with Response Deadline. (ECF No.

Page 1 of 3

Case 2:21-cv-01892-GMN-BNW Document 38
37 Filed 01/17/23
01/13/23 Page 2 of 3

1

34). The stipulation provided for a response deadline of January 16, 2023. The Court approved

2

and entered an Order on this stipulation on December 20, 2022. (ECF No. 35).

3

Due to an oversight by undersigned Defendants’ counsel, the January 16 deadline falls on

4

the Martin Luther King, Jr. holiday. This Court and Defendants’ counsel’s firm is closed in

5

observance of this holiday.

6

In addition, undersigned Defendants’ counsel has experienced some unexpected

7

interruptions with his work schedule over the last two weeks. Defendants’ counsel had a death in

8

the family causing unexpected travel to Oregon the week of December 26.

9

Defendants’ counsel’s entire household came down with the flu that caused interruptions with his

10

work schedule the week of January 2. Defendants’ counsel has been catching up on matters from

11

these unexpected interruptions.

In addition,

12

On January 12, 2023, Defendants’ counsel sent Plaintiff e-mail correspondence requesting

13

an extension through January 20, 2023, in light of these circumstances. Defendants’ counsel has

14

not yet received a response to this request and is filing this motion before the January 16 holiday

15

in an abundance of caution.

16

Based upon the foregoing, Defendants respectfully request that the Court grant an

17

extension to respond to the First Amended Complaint through January 20, 2023, which is a short

18

four-day extension. This extension is being requested in good faith and is not for purposes of delay

19

or prejudice to any other party.

20
21
22
23
24
25
26
27
28

DATED this 13th day of January, 2023.
WRIGHT, FINLAY & ZAK, LLP
/s/ Jory C. Garabedian
Jory C. Garabedian, Esq.
Nevada Bar No. 10352
7785 W. Sahara Avenue, Suite 200
Las Vegas, NV 89117
Attorneys for Defendant, Paul M. Donofrio & Bank
of America, N.A.
ORDER
For good cause shown, IT IS ORDERED that ECF No. 37
is GRANTED.
IT IS SO ORDERED
DATED: 5:01 pm, January 17, 2023

BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

Page 2 of 3

Case 2:21-cv-01892-GMN-BNW Document 38
37 Filed 01/17/23
01/13/23 Page 3 of 3

1

CERTIFICATE OF SERVICE

2

Pursuant to Fed. R. Civ. P. 5(b) and Electronic Filing Procedure IV(B), I certify that on

3

13th day of January, 2023, a true and correct copy of the MOTION TO EXTEND DEADLINE

4

TO RESPOND TO FIRST AMENDED COMPLAINT (First Request)) was transmitted

5

electronically through the Court’s e-filing electronic system to the attorney(s) associated with this

6

case, addressed as follows:

7

Dollie McDonald

[e-mail]

8
9
10

/s/ Erica Baker
An Employee of WRIGHT, FINLAY & ZAK, LLP

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Page 3 of 3