The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
DEFENDANT ELLIOTT HOMES, INC. EX PARTE APPLICATION FOR ENLARGEMENT OF TIME AND DECLARATION OF ROBERT D. COLLINS; ORDER
Defendant Elliott Homes, Inc. ("Elliot Homes") hereby requests an enlargement of time within which to file a responsive pleading. The Summons and Complaint were personally served on Elliott Homes on June 9, 2009, making a responsive pleading due by June 29, 2009.
Plaintiffs' counsel will be out of town for two weeks and counsel for Defendant Elliott Homes and Plaintiff want to meet and confer upon the return of Plaintiffs' counsel regarding possible resolution of the case and on responsive pleadings. (See Declaration of Robert D. Collins and Exhibit "A" attached hereto).
Accordingly, Defendant Elliott Homes, Inc. respectfully requests an enlargement of time to file a responsive pleading to and including July 20, 2009.
DECLARATION OF ROBERT D. COLLINS
I, Robert D. Collins, declare: 1. I am an attorney at law licensed to practice before all courts in the State of California. I am a partner at the CVM Law Group, LLP, which is the attorney of record for Elliott Homes, Inc., a Defendant in this matter. I am making this Declaration based upon my own knowledge and if called as a witness I will testify as to these facts.
2. I spoke to Michael J.M. Brook, Plaintiffs' counsel in this matter, concerning an extension of time to respond to Plaintiffs' Complaint. Mr. Brook indicated that he would be out of the country for about two weeks. Mr. Brook and I agreed to discuss potential ways to resolve the case as to Elliott Homes and to further discuss responsive pleadings upon Mr. Brook's return. Based on these facts, Mr. Brook graciously granted Defendant Elliott Homes, Inc. until July 20, 2009, to respond to Plaintiffs' Complaint.
3. A true and correct copy of an e-mail to Mr. Brook on June 24, 2009, commemorating this conversation is attached to my Declaration as Exhibit "A".
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. This Declaration was executed this 24th day of June, 2009, at Sacramento, California.