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 ORDER THEREON AND DECLARATION OF ROBERT D. COLLINS
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 and Defendant agreed to extend the time to respond to July 20, 2009, Plaintiffs' counsel and counsel for Defendant Elliott Homes are conferring regarding possible resolution of the case and on responsive pleadings and additional time is needed to complete those discussions. (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 August 10, 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 and I are discussing potential ways to resolve the case as to Elliott Homes and need some additional time to complete the discussions. Based on these facts, Mr. Brook graciously granted Defendant Elliott Homes, Inc. until August 10, 2009, to respond to Plaintiffs' Complaint.
3. A true and correct copy of an e-mail to Mr. Brook on July 22, 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 22nd day of July, 2009, at Sacramento, California.