Free Motion for Extension of Time to File Answer - District Court of Delaware - Delaware

Case 1 :08-cv—OO478-GIVIS Document 5 Filed O9/O3/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
I
ESPERANZA & GEORGE GINES I
17 Bronwood Drive I
Voorhees, NJ 08043 I
I I
Plaintiff, I CIVIL ACTION NO. 08-478-GMS I
I I
Vs. I
I
TRIUMPH MORTGAGE CORP. I TRIAL BY JURY DEMANDED
508 Main Street I
Wilmington, DE 19804 | I
I
And I I
I I
RALPH V. ESTEP I
508 Main Street I I
Wilmington, DE 19804 I
Defendants. I
e—— ~———*
SECOND MOTION FOR EXTENSION OF DEADLINE TO ANSWER COMPLAINT
Pursuant to Fed. R. Civ. Pro. 6(b)(1)(A), Triumph Mortgage Corp. ("Triumph") and
é
Ralph V. Estep ("Estep") (collectively, the “Defendants") by and through their counsel, I
Sanclemente & Associates, LLC, respectfully request a second extension of the deadline to
file and serve an answer to the complaint in the matter captioned above (the "Complaint"). In I
I
support of their motion (the "Motion"), Defendants state as follows:
1. On or around July 31, 2008, Esperanza and George Gines (the "Plaintiffs"), by
and through counsel, tiled the Complaint [Doc. No. 1] in the matter captioned above.
2. On or around August 4, 2008, the Complaint was served on the Defendants.
3. On or around August 22, 2008, Defendants retained present counsel. I
4. The deadline to answer the Complaint was Monday, August 25, 2008.

Case 1 :08-cv—OO478-GIVIS Document 5 Filed O9/O3/2008 Page 2 of 2
5. On August 26, 2008, counsel for the Defendants filed a motion for the first
extension of the answer deadline [Doc. No. 4].
6. On August 27, 2008, this Court granted the motion and allowed Defendants to
file their answer on or before September 3, 2008.
7. Counsel are currently negotiating a settlement.
8. Counsel for the Defendants requests a second extension of the answer
deadline, as the parties require additional time to negotiate a settlement. 1
9. _ Counsel for the Defendants has made a reasonable effort to reach agreement
with the opposing attorneys on the matters in the Motion, and such agreement has been
reached. The parties agree to an additional 20-day extension of the answer deadline.

10. Defendants reserve all rights, counterclaims, and defenses.
WHEREFORE, Defendants request that this honorable Court (a) enter an order
reserving Defendants’ rights, counterclaims, and defenses, and permitting Defendants to file
1
an answer to the Complaint on or before Wednesday, September 23, 2008; and (b) award
Defendants such other relief as is just, proper, and equitable under the circumstances. [
l
SANCLEMENTE & ASSOCIATES, LLC
Attorneys for the Defendants
é
By: /s/ Art C. Aranilla
Art C. Aranilla (DE Bar # 4516)
2500 Wrangle Hill Road Q
suite 129
Bear, Delaware 19701 (
(302) 832-5600 Telephone l
(302) 832-5601 Facsimile
[email protected] E
Dated: September 3, 2008

Case 1 :O8—cv-00478-GI\/IS Document 5-2 Filed O9/O3/2008 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
I
ESPERANZA & GEORGE GINES I
17 Bronwood Drive I
Voorhees, NJ 08043 I
I
Plaintiff, I CIVIL ACTION NO. 08-47 8-GMS
I
Vs. I
I
TRIUMPH MORTGAGE CORP. I TRIAL BY JURY DEMANDED
508 Main Street I
Wilmington, DE 19804 I
I
And |
I
RALPH V. ESTEP I
508 Main Street I
Wilmington, DE 19804 |
Defendants. I
PROPOSED ORDER
On this day of , 2008, this Court, having I
reviewed Defendants’ unopposed second motion for an extension of the deadline to answer
the complaint (the "Complaint”) in the matter captioned above, hereby orders that Defendants
I
are permitted to file and serve an answer to the Complaint on or before Tuesday, September
23, 2008. All Defendants’ rights, counterclaims, and defenses are reserved. I
J. Gregory M. Sleet I
I
I

Case 1:08-cv-00478-GMS

Document 5

Filed 09/03/2008

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Case 1:08-cv-00478-GMS

Document 5

Filed 09/03/2008

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Case 1:08-cv-00478-GMS

Document 5-2

Filed 09/03/2008

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