Chaney v. Diversified Consultants, Inc.

Western District of Texas, txwd-5:2019-cv-00892

Second MOTION for Extension of Time to File Answer re [1] Complaint by Diversified Consultants, Inc.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION TINA M. CHANEY, § § Plaintiff, § § v. § Case No. 5:19-cv-00892-DAE § DIVERSIFIED CONSULTANTS, INC., § § Defendant. § DEFENDANT'S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT Defendant, Diversified Consultants, Inc. (DCI), through counsel and pursuant to the Federal Rules of Civil Procedure, hereby requests this Court enter an Order granting DCI a fourteen (14) day extension of time to respond to the Complaint filed by Plaintiff, Tina M. Chaney ("Plaintiff") and states: 1. Plaintiff served DCI with a Summons and a copy of her Complaint on August 21, 2019, and the deadline for DCI to file responsive pleadings to the Complaint was initially September 11, 2019. 2. On September 11, 2019, DCI filed for a fourteen (14) day extension of time to respond to plaintiff's complaint, which the Court granted on September 12, 2019, making DCI's response due on September 25, 2019. 3. DCI is still in the process of investigating plaintiff's allegations and attempting to identify relevant information and documents, and has engaged in discussions with plaintiff's counsel, William M. Clanton, to explore possible early resolution. DCI 1 requests this brief extension so that it has additional time to complete its initial investigation, to continue conversations with opposing counsel, and to respond properly to plaintiff's Complaint. 4. The undersigned has conferred with Plaintiff's counsel, William M. Clanton, who has indicated he does not object to this fourteen (14) day extension of time, until October 9, 2019, for DCI to respond to the Complaint. 5. This extension is being requested so that justice can be done and not in any way for the purpose of delay. Granting the relief sought in this motion would not prejudice any party and will save time and costs of the Court and the parties. WHEREFORE, Defendant, Diversified Consultants, Inc., respectfully requests the Court to grant this Second Unopposed Motion for Extension of Time to File a Response to the Complaint, and any such other further relief that this Court deems just and proper. Respectfully Submitted, /s/ Charles R. Penot, Jr. Charles R. Penot, Jr. TX Bar No. 24062455 Sessions, Fishman, Nathan & Israel, LLC 900 Jackson Street, Suite 440 Dallas, Texas 75202 Telephone: (214) 741-3009 Facsimile: (214) 741-3098 Email: cpenot@sessions.legal Attorney for Defendant, Diversified Consultants, Inc. 2 CERTIFICATE OF SERVICE I hereby certify that on September 25, 2019, a copy of the foregoing Defendant's Second Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint was electronically filed with the Clerk of the Court, United States District Court for the Western District of Texas and served via CM/ECF upon the following: William M. Clanton Law Office of Bill Clanton, P.C. 926 Chulie Drive San Antonio, Texas 78216 Telephone: (210) 226-0800 Facsimile: (210) 338-8660 Email: bill@clantonlawoffice.com Attorney for Plaintiff /s/ Charles R. Penot, Jr. Charles R. Penot, Jr. 3