Filed: Jan. 19, 2016
Latest Update: Jan. 19, 2016
Summary: STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT (SECOND REQUEST) PEGGY A. LEEN , Magistrate Judge . Plaintiff Brian A. Walsh ("Plaintiff") and Defendant Compass Bank ("Compass"), by their attorneys, hereby request this Honorable Court to enlarge the time for Compass to respond to Plaintiff's Complaint, for the reasons that follow: WHEREAS, Plaintiff filed his Complaint in state court on or about August 6, 2015. [DE 1]. WHEREAS, Compass was served with the summons and complaint o
Summary: STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT (SECOND REQUEST) PEGGY A. LEEN , Magistrate Judge . Plaintiff Brian A. Walsh ("Plaintiff") and Defendant Compass Bank ("Compass"), by their attorneys, hereby request this Honorable Court to enlarge the time for Compass to respond to Plaintiff's Complaint, for the reasons that follow: WHEREAS, Plaintiff filed his Complaint in state court on or about August 6, 2015. [DE 1]. WHEREAS, Compass was served with the summons and complaint on..
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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT (SECOND REQUEST)
PEGGY A. LEEN, Magistrate Judge.
Plaintiff Brian A. Walsh ("Plaintiff") and Defendant Compass Bank ("Compass"), by their attorneys, hereby request this Honorable Court to enlarge the time for Compass to respond to Plaintiff's Complaint, for the reasons that follow:
WHEREAS, Plaintiff filed his Complaint in state court on or about August 6, 2015. [DE 1].
WHEREAS, Compass was served with the summons and complaint on or about November 20, 2015.
WHEREAS, defendant Capital One Bank (USA), N.A. filed a notice of removal on or about December 9, 2015. [Id.].
WHEREAS, in his Complaint, Plaintiff alleges that Compass supposedly violated the federal Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. ("FCRA") by reporting inaccurate information on Plaintiff's credit report after Plaintiff's discharge in bankruptcy. See Compl., ¶¶ 61-62, 70-71. [Id.].
WHEREAS, Compass filed a stipulation for extension of time to respond on December 16, 2015. [DE 15]. On December 21, 2015, Compass filed a notice of corrected document in accordance with Court's Minute Order entered on the same day. [DE 19].
WHEREAS, on January 11, 2016, the Court denied without prejudice Compass's stipulation for extension of time to respond. [DE 28]. On the same day, Compass filed an amended stipulation in accordance with the Court's Minute Order. [DE 29].
WHEREAS, due to the nature of Plaintiff's allegations, Compass requires additional time to investigate the factual allegations contained in the Complaint and prepare an appropriate response.
WHEREAS, the parties submit this motion not for the purpose of delay, but to allow Compass additional time to appropriately respond to the Complaint.
WHEREAS, no other party would be unduly prejudiced if the Court grants Compass additional time to complete its investigation.
WHEREAS, Plaintiff's counsel has no objection to an extension of time up to and including February 3, 2016.
WHEREAS, this is Compass's second request to an extension of time to respond.
WHEREFORE, the parties respectfully request that this Court issue an order enlarging the time for Compass to file its response to the Complaint up to and including February 3, 2016, and that this Court provide such further relief as it deems just and necessary.
IT IS SO ORDERED.
