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Filed: 1/4/2022 12:13 PM
Clerk
Allen County, Indiana
SS
STATE OF INDIANA ) ALLEN SUPERIOR COURT
) SS:
COUNTY OF ALLEN ) CAUSE NO. 02D01-2112-PL-000521
WILLIAM WOODS, KATERINA BOBAY, )
and DAVID BOBAY, individually and on behalf )
of all others similarly situated, )
)
Plaintiffs, )
)
v. )
)
THREE RIVERS FEDERAL CREDIT UNION, )
)
Defendant. )
DEFENDANT’S UNOPPOSED MOTION FOR A BRIEF ADDITIONAL
ENLARGEMENT OF TIME TO RESPOND TO
PLAINTIFFS’ AMENDED CLASS ACTION COMPLAINT
Defendant Three Rivers Federal Credit Union (“Three Rivers”), by counsel, respectfully
requests a brief additional enlargement of time, to and including January 18, 2022, within which
to file an answer or other response to Plaintiffs’ Amended Class Action Complaint (“Amended
Complaint”). In support of its Motion, Three Rivers states as follows:
1. Plaintiff William Woods filed his original Class Action Complaint on October 4,
2021, in Wayne Superior Court.
2. Plaintiffs filed their Amended Complaint on November 17, 2021, in Wayne
Superior Court.
3. On November 29, 2021, the Wayne Superior Court entered an order granting Three
Rivers until January 10, 2022, within which to file an answer or other response to Plaintiffs’
Amended Complaint.
4. On November 30, 2021, upon Three Rivers’s motion, the Wayne Superior Court
entered an order transferring this case to the preferred venue of Allen County. Thereafter, the case
was transferred and assigned the above-captioned cause number in Allen Superior Court.
5. Three Rivers reasonably requires an additional brief period of time, to and including
January 18, 2022, within which to file an answer or other response to Plaintiffs’ Amended
Complaint. 1
6. This Motion is not intended for purposes of undue delay or prejudice. Plaintiffs’
counsel has advised they have no objection to the extension of time requested herein.
WHEREFORE, Defendant Three Rivers Federal Credit Union respectfully moves the
Court for an additional brief enlargement of time, to and including January 18, 2022, within which
to file an answer or other response to Plaintiffs’ Amended Class Action Complaint, and for all
other proper relief.
Respectfully submitted,
/s/ Libby Yin Goodknight
Libby Yin Goodknight, Attorney No. 20880-49
Kay Dee Baird, Attorney No. 28821-73
KRIEG DEVAULT LLP
One Indiana Square, Suite 2800
Indianapolis, Indiana 46204
Main Telephone: (317) 636-4341
Facsimile: (317) 636-1507
Email: lgoodknight@kdlegal.com
kbaird@kdlegal.com
Mark J.R. Merkle, Attorney No. 10194-49
KRIEG DEVAULT LLP
12800 N. Meridian Street, Suite 300
Carmel, Indiana 46032
Main Telephone: (317) 566-1110
Facsimile: (317) 636-1507
Email: mmerkle@kdlegal.com
1
A one-week extension would fall on January 17, 2022, which is Martin Luther King, Jr. Day. Hence, Three Rivers
is requesting that its deadline be extended to January 18, 2022.
2
Attorneys for Defendant
Three Rivers Federal Credit Union
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing has been served electronically upon
all parties of record by operation of the Indiana E-Filing System (IEFS) on January 4, 2022.
Lynn A. Toops (ltoops@cohenandmalad.com)
Lisa M. La Fornara (llafornara@cohenandmalad.com)
Tyler B. Ewigleben (tewigleben@cohenandmalad.com)
Cohen and Malad, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
John Steinkamp (john@johnsteinkampandassociates.com)
John Steinkamp & Associates
5214 East St., Suite D1
Indianapolis, IN 46227
/s/ Libby Yin Goodknight
Libby Yin Goodknight
KD_13682912_1.docx
3
Preview
Filed: 1/4/2022 12:13 PM Clerk Allen County, Indiana SS STATE OF INDIANA ) ALLEN SUPERIOR COURT ) SS: COUNTY OF ALLEN ) CAUSE NO. 02D01-2112-PL-000521 WILLIAM WOODS, KATERINA BOBAY, ) and DAVID BOBAY, individually and on behalf ) of all others similarly situated, ) ) Plaintiffs, ) ) v. ) ) THREE RIVERS FEDERAL CREDIT UNION, ) ) Defendant. ) DEFENDANT’S UNOPPOSED MOTION FOR A BRIEF ADDITIONAL ENLARGEMENT OF TIME TO RESPOND TO PLAINTIFFS’ AMENDED CLASS ACTION COMPLAINT Defendant Three Rivers Federal Credit Union (“Three Rivers”), by counsel, respectfully requests a brief additional enlargement of time, to and including January 18, 2022, within which to file an answer or other response to Plaintiffs’ Amended Class Action Complaint (“Amended Complaint”). In support of its Motion, Three Rivers states as follows: 1. Plaintiff William Woods filed his original Class Action Complaint on October 4, 2021, in Wayne Superior Court. 2. Plaintiffs filed their Amended Complaint on November 17, 2021, in Wayne Superior Court. 3. On November 29, 2021, the Wayne Superior Court entered an order granting Three Rivers until January 10, 2022, within which to file an answer or other response to Plaintiffs’ Amended Complaint. 4. On November 30, 2021, upon Three Rivers’s motion, the Wayne Superior Court entered an order transferring this case to the preferred venue of Allen County. Thereafter, the case was transferred and assigned the above-captioned cause number in Allen Superior Court. 5. Three Rivers reasonably requires an additional brief period of time, to and including January 18, 2022, within which to file an answer or other response to Plaintiffs’ Amended Complaint. 1 6. This Motion is not intended for purposes of undue delay or prejudice. Plaintiffs’ counsel has advised they have no objection to the extension of time requested herein. WHEREFORE, Defendant Three Rivers Federal Credit Union respectfully moves the Court for an additional brief enlargement of time, to and including January 18, 2022, within which to file an answer or other response to Plaintiffs’ Amended Class Action Complaint, and for all other proper relief. Respectfully submitted, /s/ Libby Yin Goodknight Libby Yin Goodknight, Attorney No. 20880-49 Kay Dee Baird, Attorney No. 28821-73 KRIEG DEVAULT LLP One Indiana Square, Suite 2800 Indianapolis, Indiana 46204 Main Telephone: (317) 636-4341 Facsimile: (317) 636-1507 Email: lgoodknight@kdlegal.com kbaird@kdlegal.com Mark J.R. Merkle, Attorney No. 10194-49 KRIEG DEVAULT LLP 12800 N. Meridian Street, Suite 300 Carmel, Indiana 46032 Main Telephone: (317) 566-1110 Facsimile: (317) 636-1507 Email: mmerkle@kdlegal.com 1 A one-week extension would fall on January 17, 2022, which is Martin Luther King, Jr. Day. Hence, Three Rivers is requesting that its deadline be extended to January 18, 2022. 2 Attorneys for Defendant Three Rivers Federal Credit Union CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing has been served electronically upon all parties of record by operation of the Indiana E-Filing System (IEFS) on January 4, 2022. Lynn A. Toops (ltoops@cohenandmalad.com) Lisa M. La Fornara (llafornara@cohenandmalad.com) Tyler B. Ewigleben (tewigleben@cohenandmalad.com) Cohen and Malad, LLP One Indiana Square, Suite 1400 Indianapolis, IN 46204 John Steinkamp (john@johnsteinkampandassociates.com) John Steinkamp & Associates 5214 East St., Suite D1 Indianapolis, IN 46227 /s/ Libby Yin Goodknight Libby Yin Goodknight KD_13682912_1.docx 3