Elawyers Elawyers
Washington| Change

IN RE TMST, INC., 09-17787 (2011)

Court: United States Bankruptcy Court, D. Maryland Number: inbco20110727627 Visitors: 10
Filed: Jul. 27, 2011
Latest Update: Jul. 27, 2011
Summary: STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO THE COMPLAINT AND MODIFYING BRIEFING SCHEDULE DUNCAN W. KEIR, Bankruptcy Judge. WHEREAS , on April 29, 2011, Plaintiffs Joel I. Sher, Chapter 11 Trustee, and Zuni Investors, LLC (together, "Plaintiffs") filed a Complaint, captioned Joel I. Sher, et ano. v. Countrywide Home Loans, Inc., et ano. , Adversary Proceeding No. 11-00337, pending in the United States Bankruptcy Court for the District of Maryland, Baltimore Division; WHERE
More

STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO RESPOND TO THE COMPLAINT AND MODIFYING BRIEFING SCHEDULE

DUNCAN W. KEIR, Bankruptcy Judge.

WHEREAS, on April 29, 2011, Plaintiffs Joel I. Sher, Chapter 11 Trustee, and Zuni Investors, LLC (together, "Plaintiffs") filed a Complaint, captioned Joel I. Sher, et ano. v. Countrywide Home Loans, Inc., et ano., Adversary Proceeding No. 11-00337, pending in the United States Bankruptcy Court for the District of Maryland, Baltimore Division;

WHEREAS, Defendants Countrywide Home Loans, Inc. and Bank of America Corporation (together, "Defendants") were served by certified mail on May 4, 2011, with a summons that was issued on May 3, 2011, and copy of the Complaint in this action;

WHEREAS, the date by which Defendants were to move, answer or otherwise respond to the Complaint was June 2, 2011;

WHEREAS, the parties filed a stipulation with this Court on June 2, 2011, proposing that the Defendants' time to move, answer, or otherwise respond to the Complaint should be extended to and including June 9, 2011 [Dkt. #18];

WHEREAS, this Court entered such stipulation on June 6, 2011 [Dkt. #19];

WHEREAS, the parties filed a stipulation with this Court on June 9, 2011 proposing that the Defendants' time to move, answer, or otherwise respond to the Complaint should be extended to and including July 1, 2011 [Dkt. #20]

WHEREAS, the parties have agreed that Defendants' time to move, answer, or otherwise respond to the Complaint should be extended to and including July 8, 2011;

WHEREAS, the parties have agreed that Plaintiffs should have until August 12, 2011 to respond to Defendants' motion(s) to dismiss, assuming Defendants so move;

WHEREAS, the parties have agreed that Defendants should have until September 8, 2011 to reply to Plaintiffs' oppositions to Defendants' motion(s) to dismiss;

WHEREAS, each party has reserved all rights with respect to additional extensions of Defendants' time to move, answer or otherwise respond to the Complaint, including (without limitation) the parties' rights both to seek the Court for such an additional extensions and to oppose such requests; and

IT IS HEREBY STIPULATED AND AGREED, by the undersigned parties, by and through their attorneys1, that the time for Defendants CHL and BAC to move, answer, or otherwise respond to the Complaint is hereby extended to and including July 8, 2011; that Plaintiffs Chapter 11 Trustee and Zuni Investors, LLC shall have until August 12, 2011 to oppose Defendants' motions, should Defendants so move; and that Defendants shall have until September 8, 2011 to reply to Plaintiffs' oppositions to Defendants' motions.

FootNotes


1. Plaintiff Joel I. Sher, Chapter 11 Trustee has advised Goodwin Proctor LLP that in light of its prior representation of the Debtors, Goodwin Proctor may have a conflict precluding them from representing Countrywide Home Loans, Inc. in this action. Therefore, by entering into this stipulation said Plaintiff does not waive any rights or remedies with respect to said dispute
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer