Filed: Nov. 16, 2017
Latest Update: Nov. 16, 2017
Summary: STIPULATION AND ORDER TO EXTEND RESPONSE DEADLINES [FIRST REQUEST] RICHARD F. BOULWARE, II , District Judge . Plaintiff, the Board of Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan (the "Trust") and Defendant The Peoples State Bank ("PSB") by and through their undersigned counsel of record, stipulate and request an order extending the Trust's response deadline to PSB's Motion to Dismiss [ECF No. 38, filed November 1, 2017] by 14 (fourteen) days from November 15, 2017
Summary: STIPULATION AND ORDER TO EXTEND RESPONSE DEADLINES [FIRST REQUEST] RICHARD F. BOULWARE, II , District Judge . Plaintiff, the Board of Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan (the "Trust") and Defendant The Peoples State Bank ("PSB") by and through their undersigned counsel of record, stipulate and request an order extending the Trust's response deadline to PSB's Motion to Dismiss [ECF No. 38, filed November 1, 2017] by 14 (fourteen) days from November 15, 2017,..
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STIPULATION AND ORDER TO EXTEND RESPONSE DEADLINES
[FIRST REQUEST]
RICHARD F. BOULWARE, II, District Judge.
Plaintiff, the Board of Trustees of the Plumbers and Pipefitters Union Local 525 Pension Plan (the "Trust") and Defendant The Peoples State Bank ("PSB") by and through their undersigned counsel of record, stipulate and request an order extending the Trust's response deadline to PSB's Motion to Dismiss [ECF No. 38, filed November 1, 2017] by 14 (fourteen) days from November 15, 2017, to November 29, 2017. The parties also stipulate and request that PSB's reply in support of its Motion to Dismiss be due on December 6, 2017.
The parties also stipulate and request an order extending the Trust's response deadline to PSB's Motion to Quash Summons [ECF No. 35, filed October 30, 2017] by sixteen (16) days from November 13, 2017, to November 29, 2017. The parties also stipulate and request that PSB's reply in support of its Motion to Quash Summons be due on December 6, 2017.
The motions filed on October 30, 2017 [ECF 35] and November 1, 2017 [ECF 38] are identical. Based on the Court's Notice of Non Compliance with LR IC 2-2 and FRCP 7 [ECF No. 37], the Trust's counsel was under the impression that both the Motion to Quash Summons and Motion to Dismiss were considered filed on November 1, 2017, and calculated that responsive pleading to both the Motion to Quash and the Motion to Dismiss as being due on November 15, 2017. It has now come to the Trust counsel's attention that the Motion to Quash Summons may have been considered filed on October 30, 2017, and that a responsive pleading would have been due on November 13, 2017. Because both the Motion to Quash Summons and the Motion to Dismiss request substantially the same relief, an extension to respond to the Motion to Quash Summons will not cause undue delay or inefficiency.
The pending extension request will have no prejudice on the pending discovery cutoff deadlines and is not sought for an improper purpose or delay.
ORDER
IT IS SO ORDERED that the Trust's responses to the PBS's Motion to Dismiss and Motion to Quash Summons are due November 29, 2017, and PBS's replies in support to the Motions are due December 6, 2017.
