Filed: Jul. 07, 2015
Latest Update: Jul. 07, 2015
Summary: BANK OF AMERICA, N.A'S UNOPPOSED MOTION TO EXTEND THE DEADLINE TO OPPOSE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FIRST REQUEST GLORIA M. NAVARRO , Chief District Judge . Defendant Bank of America, NA. moves this Court for an order extending the deadline to oppose Plaintiff Alex Berezovsky's previously-filed motion for summary judgment for one week. This motion is unopposed. POINTS AND AUTHORITIES On June 9, 2015, Plaintiff filed a motion for summary judgment. On June 22, 2015, this matt
Summary: BANK OF AMERICA, N.A'S UNOPPOSED MOTION TO EXTEND THE DEADLINE TO OPPOSE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT FIRST REQUEST GLORIA M. NAVARRO , Chief District Judge . Defendant Bank of America, NA. moves this Court for an order extending the deadline to oppose Plaintiff Alex Berezovsky's previously-filed motion for summary judgment for one week. This motion is unopposed. POINTS AND AUTHORITIES On June 9, 2015, Plaintiff filed a motion for summary judgment. On June 22, 2015, this matte..
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BANK OF AMERICA, N.A'S UNOPPOSED MOTION TO EXTEND THE DEADLINE TO OPPOSE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
FIRST REQUEST
GLORIA M. NAVARRO, Chief District Judge.
Defendant Bank of America, NA. moves this Court for an order extending the deadline to oppose Plaintiff Alex Berezovsky's previously-filed motion for summary judgment for one week. This motion is unopposed.
POINTS AND AUTHORITIES
On June 9, 2015, Plaintiff filed a motion for summary judgment. On June 22, 2015, this matter was removed to federal court. If the state court calculation for the deadline to oppose the motion were to remain in effect, the opposition would be due on June 26, 2015. If, however, the federal rules for calculating the deadline control, the opposition would be due on or about July 3, 2015. Regardless, the parties have conferred, and agree that any opposition need not be due until July 3, 2015.
To the extent that this operates as an extension which requires court approval, good cause exists for the extension. See LR 6-1 (authorizing a party to seek an extension of time). As noted, this matter was only recently removed to federal court. On June 24, 2015, defendant Federal Home Loan Mortgage Corporation (Freddie Mac) filed its answer in intervention, which includes counterclaims against other new parties. Given the change in case posture, counsel for Bank of America contacted Plaintiff to inquire as to next steps in the case, including to determine Plaintiffs position on whether its motion for summary judgment filed in state court against Bank of America remains pending or should be withdrawn or refiled, and whether and to what extent a new scheduling order should issue following removal. These discussions are ongoing, and Plaintiff has advised that it does not oppose the extension requested in this motion. Accordingly, good cause exists to extend the deadline to oppose Plaintiffs motion for summary judgment, to the extent the state court deadline remains valid, until at least July 3, 2015.
If the parties cannot come to an agreement on next steps in this case, Bank of America may seek further relief from the Court, or otherwise request a Rule 16 scheduling conference.
ORDER
IT HEREBY ORDERED that the deadline to oppose Plaintiffs motion for summary judgment is extended to July 3, 2015.
