OTTO v. WELLS FARGO BANK, N.A. et al
MEMORANDUM AND ORDER that the plaintiffs letter motion (filed herewith) to reconsider grant of the extension of Phelan Hallinans time to extend its time to answer the complaint(ECF No. 7) is DENIED. Signed by Judge Kevin McNulty on 12/29/15. (sr, )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
Civ. No. 15-8240 (KM)
MEMORANDUM AND ORDER
WELLS FARGO BANK, N.A., et al.
This morning I granted a routine 30-day extension of time to file a
response to a complaint. (ECF No. 7) The request, made on behalf of PHELAN
HALLINAN, LLP, one of four defendants, stated that it was seeking counsel,
and that the plaintiff did not consent to the adjournment. I have now received a
letter dated December 28, 2015, from the plaintiff, Ms. Otto, in which she
states that three days prior to Phelan Hallinan’s request, the defendant
declined to consent to an adjournment of a sheriff’s sale of her property. (I am
simultaneously filing Ms. Otto’s letter.) She states that she “had to use [herj
last stay and the Sheriff Sale on my property is now scheduled for 1/5/2016.”
(Given defendant’s position, it is understandable that the plaintiff may have
been in no mood to cooperate.) I will treat the plaintiff’s letter as a motion to
reconsider my grant of the extension.
Phelan Hallinan is a defendant, but it is also a law firm. Counsel are
admonished that, particularly when blandly seeking what appears to be a
routine extension against a pro se plaintiff, the relevant circumstances should
The other three defendants have responded to the Complaint with a motion to
dismiss, filed December 21, 2015. (ECF No. 3)
be fully stated. I will assume good faith in this instance, but will be less
indulgent about any similar lapse in the future.
That said, there is nothing about the filing of Phelan Hallinan’s answer or
other responsive pleading, whether early or late, that would affect the date of
the Sheriff’s sale. As to that, the plaintiff must pursue whatever remedies are
available to her.
IT IS THEREFORE ORDERED, this 29th day of December, 2015, that
the plaintiff’s letter motion (filed herewith) to reconsider my grant of an
extension of Phelan Hallinan’s time to extend its time to answer the complaint
(ECF No. 7) is DENIED.
Denise A Otto
139-141 Western Parkway
lrvington, New Jersey 07111
December, 28 2015
The Honorable Kevin McNulty
Martin Luther King Jr. Federal Bldg. & U.S Courthouse
50 Walnut Street
Newark, New Jersey 07102
Denise Otto v. Wells Fargo Bank, N.A., et al.
Docket No.: 2:15-cv-08240-KM-MAH
Property: 139-141 Western Parkway, Irvington, NJ 07111
Dear Honorable Kevin McNulty,
In response to the letter enclosed and dated December 23, 2015 from Defendant Phellan,
Hallinan Diamond, PC, Defendant failed to mention in their letter that three days prior to their
request, I made a request to the Defendant to adjourn the Sheriff Sale on my property which was
schedule for 12/15/20 15. I made this request so that I did not use my last stay. Defendant refused
although I reached out to them twice that day. Therefore, I had to use my last stay and the Sheriff
Sale on my property is now scheduled for 1/5/20 16.
enise A Otto
cc: Phelan Hallinan LLP
PHELAN IL4LLINAN DIAMOND & JONES, PC
400 Fellowship Road Suite 100
Mt. Laurel, NJ 08054
December 14, 2015
New Jersey Office
Representing Lenders in
DENISE OTTO, PRO SE
35 ELLERY AVENUE
IRVINGTON, NJ 071111410
US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR BNC MORTGAGE
LOAN TRUST 2006-2, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-2,
vs. DENISE OTTO, Et Al.
Property Address: 139-141 WESTERN PARKWAY, IRVFNGTON, NJ 07111
Docket #: F-026230-12
Ladies / Gentlemen:
The Sheriff’s sale in the above captioned matter was scheduled for: 12/15/2015.
The sale has been adjourned and is now scheduled at the office of: ESSEX County Sheriffs
Office on 01/05/2016 at 01:30 PM.
Lisa Wilson, Legal Assistant
This firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have
received a discharge in bankruptcy, this is not and should not be construed as an attempt to collect a debt. We are only
proceeding against the real estate secured by the mortgage
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