Martin v. Asset Acceptance Capital Corp.

MOTION

N.D. Ill.February 8, 2012

130276183 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NICHOLAS MARTIN, Plaintiff, v. ASSET ACCEPTANCE, LLC. Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 1:11-cv-6256 Judge Zagel UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD Defendant, ASSET ACCEPTANCE, LLC, by its attorney, Todd P. Stelter, pursuant to Federal Rule of Civil Procedure 6(b), respectfully request that this court grant a 14 day extension of time, or up until February 22, 2012, to file a responsive pleading to plaintiff s complaint, and in support thereof, states as follows: 1. Plaintiffs complaint purports to state a claim under the Fair Credit Reporting Act and Telephone Consumer Protection Act against the defendant. 2. Plaintiffs Complaint was filed on January 18, 2012, and service was made on January 18, 2012, making February 8, 2012, the initial deadline. 3. Asset Acceptance, LLC has not requested any previous extensions. A prior defendant, Asset Acceptance Capital Corp., requested a previous extension, which was granted. However, that defendant was dismissed from the case. 4. Defense counsel requires additional time to perform legal and factual investigation prior to answering or otherwise pleading. This time is not meant for purposes of Case: 1:11-cv-06256 Document #: 22 Filed: 02/08/12 Page 1 of 3 PageID #:121 2 130276183 unnecessary delay and will not prejudice any party in the litigation. This time is necessary to analyze the pleading and prepare the appropriate response. 5. Defense counsel has communicated with plaintiffs counsel and it has been indicated that there is no opposition to this motion. 6. This Court currently has two status hearings set currently, the first for February 23, 2012, and the second for March 26, 2012, and the extended deadline was intentionally chosen so as to not affect these hearings. WHEREFORE, defendant, Asset Acceptance, LLC, respectfully requests this Court grant an extension of time up to and including February 22, 2012, to file a responsive pleading to plaintiffs complaint. Respectfully submitted, By: ______s/ Todd P. Stelter__________________ One of Defendant s Attorneys Todd Stelter HINSHAW & CULBERTSON LLP 222 N. LaSalle Street Suite 300 Chicago, IL 60601-1081 312-704-3000 Case: 1:11-cv-06256 Document #: 22 Filed: 02/08/12 Page 2 of 3 PageID #:122 3 130276183 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NICHOLAS MARTIN, Plaintiff, v. ASSET ACCEPTANCE, LLC. Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 1:11-cv-6256 Judge Zagel CERTIFICATE OF SERVICE I hereby certify that on February 8, 2012, I electronically filed UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD with the Clerk of the Court using the CM/ECF system which will send notification of such filing(s) to the following: Alexander Holmes Burke ABurke@BurkeLawLLC.com and I hereby certify that on February 8, 2012, I mailed by United States Postal Service, the documents(s) to the following non-registered participants: n/a Respectfully submitted, ASSET ACCEPTANCE, LLC By:____s/Todd P. Stelter____ One of its Attorneys David M. Schultz Jennifer W. Weller Todd P. Stelter HINSHAW & CULBERTSON LLP 222 N. LaSalle Street, Ste 300 Chicago, IL 60601 (312) 704-3000 Fax: (312) 704-3001 dschultz@hinshawlaw.com jweller@hinshawlaw.com tstelter@hinshawlaw.com Case: 1:11-cv-06256 Document #: 22 Filed: 02/08/12 Page 3 of 3 PageID #:123