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Gerth v. American Mortgage Express Financial

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 12, 2010

ROBERT GERTH ET AL., PLAINTIFFS,
v.
AMERICAN MORTGAGE EXPRESS FINANCIAL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER DENYING JOINT MOTION TO EXTEND TIME TO RESPOND TO THE FIRST AMENDED COMPLAINT

On July 9, 2010 Plaintiffs and Defendant First American Title Insurance Company ("First American") filed a Joint Motion to Extend Time for Defendant First American Title Insurance Company to Respond to First Amended Complaint. First American's response was due on May 26, 2010; accordingly the showing required for an extension is excusable neglect pursuant to Federal Rule of Civil Procedure 6(b)(1)(B). See Pioneer Investment Services Company v. Brunswick Associates, 507 U.S. 380, 395 (1993); Kyle v. Campbell Soup Co., 38 F.3d 928 (9th Cir. 1994); Pincay v. Andrews, 389 F.3d 853, 855 (9th Cir. 2004) (en banc). Because the parties do not address the applicable standard, their joint motion is DENIED WITHOUT PREJUDICE.

IT IS SO ORDERED.

HON. RUBEN B. BROOKS UNITED STATES MAGISTRATE JUDGE

20100712

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