Obregon v. AmSher Collection Services Inc.

Western District of Texas, txwd-5:2019-cv-00518

Unopposed MOTION for Extension of Time to File Answer re {{1}} Complaint by AmSher Collection Services Inc.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION MIGUEL OBREGON, JR., § § Plaintiff, § § v. § Case No. 5:19-cv-00518-DAE § AMSHER COLLECTION SERVICES, § INC., § § Defendant. § DEFENDANT'S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Defendant, AmSher Collection Services, Inc. (AmSher), through counsel and pursuant to the Federal Rules of Civil Procedure, hereby requests this Court enter an Order granting AmSher a fourteen (14) day extension of time to respond to the Complaint filed by Plaintiff, Miguel Obregon, Jr. (Plaintiff) and states: 1. AmSher was served with the Request for the Waiver of the Service of Summons on May 15, 2019. (There is a typographical error in the filed Waiver of Service form, stating that the form was served on May 5, 2019 instead of May 15, 2019.) 2. AmSher signed and returned the Waiver of the Service of Summons to Plaintiff's counsel on May 23, 2019. Therefore, AmSher's responsive pleadings are due on July 15, 2019, as properly noted by Plaintiff when filing the waiver of service form. There have been no prior extensions requested or granted. 3. AmSher is still in the process of identifying relevant information and documents, reviewing the matter and preparing a response. Counsel for the parties have Page 1 of 3 discussed the matter and are exchanging information and documents voluntarily, even at this early stage to determine what occurred in this matter. AmSher requests this brief extension so that it has additional time to complete its initial investigation and properly respond to the Complaint. 4. The undersigned has conferred with Plaintiff's counsel, William M. Clanton, who has indicated he does not oppose a fourteen (14) day extension of time, until July 29, 2019, for AmSher 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, AmSher Collection Services, Inc., respectfully requests the Court to grant this First 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, AmSher Collection Services, Inc. Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that on July 15, 2019, a copy of the foregoing Defendant's First 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, TX 78216 Telephone: (210) 226-0800 Facsimile: (210) 338-8660 Email: bill@clantonlawoffice.com /s/ Charles R. Penot, Jr. Charles R. Penot, Jr. Page 3 of 3