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)

Case 2:21-cv-02198-GMN-BNW Document 10 Filed 01/10/22 Page 1 of 3
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01/11/22

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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
[phone]; Fax: [phone]
[e-mail]
Attorney for Defendant, Bank of America, N.A.

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UNITED STATES DISTRIC COURT

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DISTRICT OF NEVADA

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HANIT OHAION,
Plaintiff,

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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)
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Defendants.

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Defendant Bank of America N.A. (“BANA”) by and through its undersigned counsel of

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record, hereby submits the following Unopposed Motion to Extend Time to Respond to Plaintiff’s

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Complaint (First Request):

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On December 14, 2021, Plaintiff filed his Complaint [ECF No. 1]. The Summons to

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Defendant was issued on December 14, 2021 [ECF No. 4] and purportedly served on December

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16, 2021. Defendant has 21 days from when the summonses was served to file its response to the

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Complaint, which made the currently deadline January 6, 2022.

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BANA’s counsel is still investigating the allegations raised in Plaintiff’s Complaint.

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Further, Plaintiff and BANA have discussed extending the deadline 30-days for BANA to respond

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to the Complaint, in order to explore early resolution opportunities.

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On January 3, 2022, BANA received approval of a 30-day extension to respond to the

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Complaint from Plaintiff’s counsel, which would make the response due February 7, 2022. On
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Case 2:21-cv-02198-GMN-BNW Document 10 Filed 01/10/22 Page 2 of 3
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01/11/22

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January 4, 2022, BANA’s counsel circulated a proposed Stipulation to Extend Time to Respond

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to Plaintiff’s Complaint to file with the Court. However, Plaintiff’s counsel has not responded,

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which has led to the late filing of this unopposed motion. Despite no formal response to the

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proposed stipulation, BANA has no reason to believe that the 30-day extension was rescinded or

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suddenly opposed by Plaintiff.

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Based upon the foregoing, BANA respectfully requests that the Court extend the deadline

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for BANA to file its response to Plaintiff’s Complaint to February 7, 2022. This is the first request

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for extension of time for BANA to respond to Plaintiff’s Complaint. The extension is requested in

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good faith and is not for purposes of delay or prejudice to any other party. Further, the unopposed

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motion is being submitted as a result of excusable neglect because of a communication delay with

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Plaintiff’s counsel as to the format and procedure for the request for extension.

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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.

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IT IS SO ORDERED:

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UNITED STATES MAGISTRATE JUDGE
DATED: January 11, 2022

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Case 2:21-cv-02198-GMN-BNW Document 10 Filed 01/10/22 Page 3 of 3
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01/11/22

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CERTIFICATE OF SERVICE

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I HEREBY CERTIFY that on January 10th 2022, and pursuant to Fed. R. Civ. P. 5(b), I

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served via the CM/ECF electronic filing system a true and correct copy of the foregoing

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UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFF’S

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COMPLAINT to the parties below:

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Robert M. Tzall
Nevada Bar No. 13412
Contemporary Legal Solutions PLLC
2551 N. Green Balley Parkway
Building C, Suite 303
Henderson, NV 89014
[e-mail]
Attorneys for Plaintiff Hanit Ohaion

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/s/ Tonya Sessions
An employee of Wright Finlay & Zak LLP

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