Singer et al v. Wells Fargo Bank, N.A.

Western District of Texas, txwd-5:2019-cv-00679

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by WELLS FARGO BANK, N.A.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION PAUL SINGER and § SHAMEIKA DIXON, Individually § And On Behalf of All Others § Similarly Situated § CIVIL ACTION NO. 5:19-CV-679-DAE § Plaintiff, § JURY TRIAL DEMANDED § v. § COLLECTIVE ACTION PURSUANT § TO 29 U.S.C. § 216(b) WELLS FARGO BANK, N.A. § § CLASS ACTION PURSUANT Defendant. § TO FED.R.CIV.P. 23(b)(3) DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ANSWER OR OTHER RESPONSIVE PLEADING TO PLAINTIFF'S COMPLAINT COMES NOW Wells Fargo Bank, N.A., Defendant in the above-entitled cause, and files its Unopposed Motion for Extension of Time to File Answer or Other Responsive Pleading to Plaintiff's Complaint, respectfully showing as follows: Plaintiff filed his Original Complaint on June 13, 2019, alleging violations of the Fair Labor Standards Act, 29 U.S.C. §§ 206, 207, and 216(b), et seq. Plaintiff served Defendant with process on June 19, 2019. Defendant's deadline to file its answer or other responsive pleading is July 10, 2019. Defendant requires additional time to review the Complaint and the allegations contained therein; to gather and review information in its possession and in the possession of other third parties concerning Plaintiff's claims; and to prepare its answer or other responsive pleading. Defendant respectfully requests, without waiving any right to assert any defense, contest that it is properly before the Court, or to file any other response permitted by the Federal Rules of Civil Procedure, an extension of time to file its answer or other responsive pleading until July 24, 2019. Defendant does not request this extension for the purpose of delay, but in order to adequately respond to Plaintiff's Original Complaint. Defendant's counsel has conferred with Plaintiff's counsel regarding this extension and Plaintiff's counsel is unopposed to the requested extension. A proposed Order granting the requested relief is submitted herewith. WHEREFORE, PREMISES CONSIDERED, Defendant requests, without waiving any right to assert any defense or to file any response permitted by the Federal Rules of Civil Procedure, an extension of time to file its answer or other responsive pleading until July 24, 2019. Respectfully submitted, /s/Mark A. McNitzky Mark A. McNitzky State Bar No. 24065730 mark.mcnitzky@ogletreedeakins.com Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 2700 Weston Centre 112 East Pecan Street San Antonio, Texas 78205 Telephone: (210) 354-1300 Facsimile: (210) 277-2702 CERTIFICATE OF CONFERENCE On July 3, 2019, the undersigned counsel conferred with Plaintiff's counsel regarding the requested extension of time for Defendant to file their answer or other responsive pleading. Plaintiff's counsel agreed to the requested extension of time sought herein and does not oppose the Motion. /s/ Mark A. McNitzky Mark A. McNitzky CERTIFICATE OF SERVICE On this 9th day of July 2019, I electronically transmitted the foregoing using the electronic filing system, which will transmit a Notice of Electronic Filing to the following counsel of record: Clif Alexander clif@a2xlaw.com Lauren E. Braddy lauren@a2xlaw.com Alan Clifton Gordon cgordon@a2xlaw.com Carter T. Hastings carter@a2xlaw.com ANDERSON ALEXANDER, PLLC 819 N. Upper Broadway Corpus Christi, TX 78401 /s/ Mark A. McNitzky Mark A. McNitzky 39188912.1 017040.000167