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Mungai v. Wells Fargo Bank, N.A., C14-00289 DMR. (2014)

Court: District Court, N.D. California Number: infdco20140709819 Visitors: 16
Filed: Jul. 08, 2014
Latest Update: Jul. 08, 2014
Summary: JOINT STIPULATION TO EXTEND TIME FOR RESPONSE TO SECOND AMENDED COMPLAINT; [PROPOSED] ORDER DONNA M. RYU, Magistrate Judge. Pursuant to Federal Rule of Civil Procedure 6(b) and Civil Local Rule 6-1, Plaintiff Njambi Mungai ("Plaintiff") and Defendants Wells Fargo Bank, N.A. ("Wells Fargo"), and HSBC Bank USA, N.A. ("HSBC") (collectively, "Defendants"), through their undersigned counsel, stipulate as follows: WHEREAS, on June 17, 2014, Plaintiff filed her Second Amended Complaint in this
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JOINT STIPULATION TO EXTEND TIME FOR RESPONSE TO SECOND AMENDED COMPLAINT; [PROPOSED] ORDER

DONNA M. RYU, Magistrate Judge.

Pursuant to Federal Rule of Civil Procedure 6(b) and Civil Local Rule 6-1, Plaintiff Njambi Mungai ("Plaintiff") and Defendants Wells Fargo Bank, N.A. ("Wells Fargo"), and HSBC Bank USA, N.A. ("HSBC") (collectively, "Defendants"), through their undersigned counsel, stipulate as follows:

WHEREAS, on June 17, 2014, Plaintiff filed her Second Amended Complaint in this action (ECF No. 35);

WHEREAS, Wells Fargo filed a motion to dismiss Plaintiff's first amended complaint, and, pursuant to Federal Rule of Civil Procedure 12(a)(4), Wells Fargo has fourteen (14) days after the date of service to answer or respond to the complaint, its response to the second amended complaint would be due July 7, 2014;

WHEREAS, HSCB was served with the second amended complaint by process server on June 24, 2014, and, pursuant to Federal Rule of Civil Procedure 12(a)(1), HSBC has twenty-one (21) days after the date of service to answer or respond to the complaint, its response to the second amended complaint would be due July 18, 2014;

WHEREAS, the parties, after conferring in good faith, have agreed to extend the deadline for Defendants' answers or responses to the second amended complaint until Monday, July 21, 2014;

WHEREAS, no prior extensions of the deadlines addressed herein have been requested;

WHEREAS, no party will be prejudiced by the stipulated schedule; and

WHEREAS, this stipulation is without prejudice to, or waiver of, any rights or defenses otherwise available to Plaintiffs or Defendants in this action;

NOW, THEREFORE IT IS HEREBY STIPULATED AND AGREED THAT:

Defendants shall file their answers or responses to the second amended complaint on or before July 21, 2014.

IT IS SO STIPULATED.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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