Johnson v. TRG CUSTOMER SOLUTIONS, INC. D/B/A IBEX GLOBAL SOLUTIONS

Western District of Texas, txwd-5:2019-cv-01463

Unopposed MOTION for Extension of Time to File Answer re [2] Complaint by TRG Customer Solutions, Inc.

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION Civil Action No. 5:19-CV-1463 အ PATRICIA JOHNSON, Individually and on behalf of all others similarly situated အ JURY TRIAL DEMANDED အ အ Plaintiff, အ COLLECTIVE ACTION PURSUANT TO 29 U.S.C. $ 216(b) အ VS. အ အ အ TRG CUSTOMER SOLUTIONS, INC. D/B/A IBEX GLOBAL SOLUTIONS CLASS ACTION PURSUANT TO FED, R. CIV. P. 23(b)(3) အ အ Defendant. အ VAATWA WATU DEFENDANT'S UNOPPOSED MOTION TO EXTEND TIME TO FILE RESPONSE TO PLAINITFFS' COLLECTIVE/CLASS ACTION COMPLAINT Comes now TRG Customer Solutions, Inc., d/b/a Ibex Global Solutions, Defendant in the above-styled and numbered cause of action, and files this its Unopposed Motion to Extend Time to Respond to Plaintiffs' Collective/Class Action Complaint ("Complaint") and would respectfully show unto the Court as follows: Plaintiffs filed their Complaint on December 18, 2019. Defendant was served with process WANTV ShowWwwWWW on December 20, 2019, making its Answer due on or before January 10, 2020. The issue of whether the opt-in Plaintiffs' claims are subject to an arbitration agreement has arisen. The parties are currently reviewing that issue and Defendant has produced to Plaintiffs' counsel the arbitration agreements of the individual opt-ins. Therefore, in order for the parties to fully explore whether the Plaintiffs' claims should proceed in arbitration on an individual basis and in order to avoid the expense of potentially unneeded time spent by the Court and the parties litigating the arbitration issue, Defendant requests a three week extension of the deadline to file a response to Plaintiffs' Complaint. As noted above, this extension will permit the parties the opportunity to review and discuss the arbitration issue in detail and, if an agreement can be reached, then the time and expense of the parties litigating the arbitration issue and the time spent by the Court in resolving that issue could be avoided. Il. Defendant's counsel has discussed the substance of this motion with Plaintiffs' counsel. Plaintiffs' counsel has indicated that they are unopposed to this extension. WHEREFORE, PREMISES CONSIDERED, Defendant respectfully prays that its Motion to Extend Time to File Response to Plaintiffs' Collective/Class Action Complaint be in all things GRANTED and that the deadline to respond to Plaintiffs Complaint be extended to January 31, 2020. Defendant requests such other and further relief, at law or in equity, to which it may be entitled. Respectfully submitted, By: /s/Lawrence D. Smith LAWRENCE D. SMITH State Bar No. 18638800 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 2700 Weston Centre 112 East Pecan Street San Antonio, Texas 78205 (210) 354-1300 – Telephone (210) 277-2702 - Facsimile Larry.smith@ogletree.com ATTORNEYS FOR TRG CUSTOMER SOLUTIONS, INC., D/B/A IBEX GLOBAL SOLUTIONS CERTIFICATE OF SERVICE I hereby certify that on the 9th day of January, 2020, the Defendant's Unopposed Motion to Extend Time to File Response to Plaintiffs' Collective/Class Action Complaint has been served on Plaintiffs' attorneys below pursuant to the ECF electronic filing system: Clif Alexander Lauren E. Braddy Alan Clifton Gordon Carter T. Hastings Anderson Alexander, PLLC 819 N. Upper Broadway Corpus Christi, Texas 78401 /s/LAWRENCE D. SMITH LAWRENCE D. SMITH 41348041.1