Hoang et al v. Bank of America, N.A. et al
Filing
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ORDER granting Plaintiffs' #9 Motion for extension of time to respond to the #4 Motion to dismiss. Response due 7/31/2017; Motion to dismiss #4 is re-noted for 8/4/2017. Signed by Judge James L. Robart (PM)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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JERRY HOANG, et al.,
Plaintiffs,
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v.
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BANK OF AMERICA, N.A., et al.,
ORDER GRANTING
EXTENSION OF TIME AND
RENOTING MOTION TO
DISMISS
Defendants.
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CASE NO. C17-0874JLR
Before the court is Plaintiffs Jerry Hoang and Le Uyen Thi Hoang’s (collectively,
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“the Hoangs”) motion for an extension of time (MFE (Dkt. # 9)) to respond to
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Defendants Bank of America, N.A., and Federal National Mortgage Association’s
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(collectively, “Defendants”) motion to dismiss (MTD (Dkt. # 4)). The Hoangs request an
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extension to July 31, 2017, to respond to the motion to dismiss. (MFE at 1-2.)
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Defendants do not object to the Hoangs’ motion. (MFE Resp. (Dkt. # 10) at 1-2.)
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Pursuant to the Local Civil Rules, however, Defendants propose that the court simply
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ORDER - 1
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re-note the motion to dismiss for August 4, 2017, making the Hoangs’ response due on
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July 31, 2017. (Id. (citing Local Rules W.D. Wash. LCR 7(d)(3)).)
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The court finds that the Hoangs have demonstrated good cause for an extension.
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(See Hoang Decl. (Dkt. # 9-1) ¶¶ 4-9 (explaining that Mr. Hoang’s father died suddenly
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on June 22, 2017; Mr. Hoang’s religion mandates a 30-day mourning period after the
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death of a close family member; and during that mourning period, Mr. Hoang cannot
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meaningfully assist in his case).) The court GRANTS the Hoangs’ motion for an
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extension of time (Dkt. # 9), and DIRECTS the Clerk to re-note Defendants’ motion to
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dismiss (Dkt. # 4) for August 4, 2017. The Hoangs’ response is now due on July 31,
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2017.1 See Local Rules W.D. Wash. LCR 7(d)(3).
Dated this 7th day of July, 2017.
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A
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JAMES L. ROBART
United States District Judge
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The Hoangs appear to have violated Local Civil Rule 7 by failing to confer with
Defendants in an effort to obtain a stipulated extension. Cf. Local Rules W.D. Wash. LCR 7(j)
(“A motion for relief from a deadline should, whenever possible, be filed sufficiently in advance
of the deadline to allow the court to rule on the motion prior to the deadline. . . If a true,
unforeseen emergency exists that prevents a party from meeting a deadline, and the emergency
arose too late to file a motion for relief from the deadline, the party should contact the adverse
party, meet and confer regarding an extension, and file a stipulation and proposed order with the
court.”); (see also MFE Resp. at 1-2 (indicating Defendants’ non-opposition to the extension)).
The court DIRECTS counsel for the Hoangs to carefully review Local Civil Rule 7 before
submitting any further filings to the court.
ORDER - 2
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