Ohaion v. Equifax Information Services, LLC et al

Filing 11

ORDER granting 10 Motion to Extend Time Re: 1 Complaint, Bank Of America, N.A. answer due 2/7/2022. Signed by Magistrate Judge Brenda Weksler on 1/11/2022. (Copies have been distributed pursuant to the NEF - HAM)

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Case 2:21-cv-02198-GMN-BNW Document 10 Filed 01/10/22 Page 1 of 3 11 01/11/22 1 2 3 4 5 6 WRIGHT, FINLAY & ZAK, LLP Darren T. Brenner, Esq. Nevada Bar No. 8386 Jory C. Garabedian, Esq. Nevada Bar No. 10352 7785 W. Sahara Ave., Ste. 200 Las Vegas, NV 89117 (702) 475-7964; Fax: (702) 946-1345 jgarabedian@wrightlegal.net Attorney for Defendant, Bank of America, N.A. 7 UNITED STATES DISTRIC COURT 8 DISTRICT OF NEVADA 9 10 HANIT OHAION, Plaintiff, 11 12 13 14 Case No. 2:21-CV-02198-GMN-BNW v. UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFF’S COMPLAINT EQUIFAX INFORMATION SERVICES, LLC, AND BANK OF AMERICA, N.A., (First Request) 15 Defendants. 16 17 Defendant Bank of America N.A. (“BANA”) by and through its undersigned counsel of 18 record, hereby submits the following Unopposed Motion to Extend Time to Respond to Plaintiff’s 19 Complaint (First Request): 20 On December 14, 2021, Plaintiff filed his Complaint [ECF No. 1]. The Summons to 21 Defendant was issued on December 14, 2021 [ECF No. 4] and purportedly served on December 22 16, 2021. Defendant has 21 days from when the summonses was served to file its response to the 23 Complaint, which made the currently deadline January 6, 2022. 24 BANA’s counsel is still investigating the allegations raised in Plaintiff’s Complaint. 25 Further, Plaintiff and BANA have discussed extending the deadline 30-days for BANA to respond 26 to the Complaint, in order to explore early resolution opportunities. 27 On January 3, 2022, BANA received approval of a 30-day extension to respond to the 28 Complaint from Plaintiff’s counsel, which would make the response due February 7, 2022. On 1 Case 2:21-cv-02198-GMN-BNW Document 10 Filed 01/10/22 Page 2 of 3 11 01/11/22 1 January 4, 2022, BANA’s counsel circulated a proposed Stipulation to Extend Time to Respond 2 to Plaintiff’s Complaint to file with the Court. However, Plaintiff’s counsel has not responded, 3 which has led to the late filing of this unopposed motion. Despite no formal response to the 4 proposed stipulation, BANA has no reason to believe that the 30-day extension was rescinded or 5 suddenly opposed by Plaintiff. 6 Based upon the foregoing, BANA respectfully requests that the Court extend the deadline 7 for BANA to file its response to Plaintiff’s Complaint to February 7, 2022. This is the first request 8 for extension of time for BANA to respond to Plaintiff’s Complaint. The extension is requested in 9 good faith and is not for purposes of delay or prejudice to any other party. Further, the unopposed 10 motion is being submitted as a result of excusable neglect because of a communication delay with 11 Plaintiff’s counsel as to the format and procedure for the request for extension. 12 13 14 15 16 17 18 19 20 Dated this 10th day of January, 2022. WRIGHT, FINLAY & ZAK, LLP /s/ Jory C. Garabedian Darren T. Brenner, Esq. Nevada Bar No. 8386 Jory C. Garabedian, Esq. Nevada Bar No. 10352 7785 W. Sahara Ave., Suite 200 Las Vegas, Nevada 89117 Attorneys for Bank of America, N.A. 21 22 23 IT IS SO ORDERED: 24 25 26 UNITED STATES MAGISTRATE JUDGE DATED: January 11, 2022 27 28 2 Case 2:21-cv-02198-GMN-BNW Document 10 Filed 01/10/22 Page 3 of 3 11 01/11/22 1 CERTIFICATE OF SERVICE 2 I HEREBY CERTIFY that on January 10th 2022, and pursuant to Fed. R. Civ. P. 5(b), I 3 served via the CM/ECF electronic filing system a true and correct copy of the foregoing 4 UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFF’S 5 COMPLAINT to the parties below: 6 7 8 9 10 Robert M. Tzall Nevada Bar No. 13412 Contemporary Legal Solutions PLLC 2551 N. Green Balley Parkway Building C, Suite 303 Henderson, NV 89014 office@tzalllegal.com Attorneys for Plaintiff Hanit Ohaion 11 12 /s/ Tonya Sessions An employee of Wright Finlay & Zak LLP 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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