STIPULATION AND ORDER TO EXTEND TIME TO FILE RESPONSE TO MOTION FOR SUMMARY JUDGMENT [ECF No. 41]

(First Request)

JAMES C. MAHAN, District Judge.

IT IS HEREBY STIPULATED between Plaintiff/Counter-Defendant, BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BANA HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP (the "Bank") and Defendant/Counterclaimant SFR INVESTMENTS POOL 1, LLC ("SFR"), by and through their undersigned counsel, to extend the deadline for SFR to file a Response to the Bank's Motion for Summary Judgment [ECF No. 41], filed on September 27, 2016, a response which is currently due on October 21, 2016, to 60 days after an order is entered on the Bank's Emergency Motion for Protection from its 30(b)(6) Deposition and Motion for Sanctions [ECF Nos. 46, 47]. This is intended to allow sensible scheduling of the deposition once the motion is decided, with a reasonable opportunity for SFR to incorporate deposition testimony in its response to the motion. SFR also recently served written discovery on September 21, 2016, and responses are not yet due.

The parties are still engaging in discovery. Rather than engage in what may become unnecessary motion practice at the time and expense of the parties and judicial resources, this request is being made to allow time for resolution of said discovery.

This is SFR's first request for an extension and is not intended to cause any delay or prejudice to any party.

ORDER

IT IS SO ORDERED.