1 WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq., SBN 188024 2 Todd E. Chvat, Esq., SBN 238282 3 4665 MacArthur Court, Suite 200 4 Newport Beach, CA 92660 Tel: (949) 477-5050; Fax: (949) 477-9200 5 tchvat@wrightlegal.net 6 Attorneys for Defendant, U.S. Bank Trust National Association, as Trustee, for 7 ABS Loan Trust VI 8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10 11 UNITED STATES OF AMERICA, Case No. 1:21- CV-00854-DAD-SKO 12 Plaintiff, JOINT STIPULATION AND 13

ORDER TO EXTEND TIME FOR

14 v. DEFENDANT TO RESPOND TO 15 PLAINTIFF’S COMPLAINT JG SNIDER ENTERPRISES, INC d/b/a 16 TANO BONSAI AND (Doc. 15) 17 LANDSCAPING; JOHN G. SNIDER; COLLEEN FAUGH-SNIDER; Current response date: June 22, 2021 18 CHARLES SUMNER WINSTON III, New response date: August 20, 2021 19 SUCCESSOR CO-TRUSTEE OF THE NADINE SNIDER WINSTON Complaint filed: May 28, 2021 20

REVOABLE TRUST DATED APRIL

21 26, 1994; MARSHA LEA WINSTON- [Pursuant to Local Rule 144] 22 FAYER SUCCESSOR CO-TRUSTEE

OF THE NADINE SNIDER WINSTON

23

REVOCABLE TRUST DATED APRIL

24 26, 1994; US BANK TRUST

NATIONAL ASSOCIATION AS

25

TRUSTEE FOR ABS LOAN TRUST

26 VI; BANK OF AMERICA, N.A; ANN 27 LEALE; STUART SNIDER; and 28

STANISLAUS COUNTY,

1

CALIFORNIA;

2 3 Defendants.

4

5 TO THE UNITED STATES DISTRICT COURT, FOR THE 6 EASTERN DISTRICT OF CALIFORNIA: 7 IT IS HEREBY STIPULATED AND AGREED between Defendant, 8 U.S. Bank Trust National Association, as Trustee, for ABS Loan Trust VI 9 (“Defendant”) by and through their undersigned counsel, and Plaintiff, United 10 States of America (“Plaintiff”) by and through their undersigned counsel 11 (collectively as the “Stipulating Parties”), as follows: 12 1. WHEREAS, Plaintiff filed its Complaint (the “Complaint”) on May 13 28, 2021; 14 2. WHEREAS, Defendant’s response to the Complaint is currently due 15 on June 22, 2021; 16 3. WHEREAS, Plaintiff’s Complaint seeks reduce certain tax 17 assessments to judgment and foreclose upon three (3) properties owned by 18 defendants John G. Snider and Colleen Faugh-Snider – the Elizabeth Way 19 Property, Sandling Property, and Fulkerth Property (Complaint, ¶¶20-30); 20 4. WHEREAS, Plaintiff’s Complaint seeks lien priority over all 21 interests in the properties acquired after the attachment of the federal tax liens 22 (Complaint, ¶¶70, 76, and 82); 23 5. WHEREAS, Defendant is the lienholder and beneficiary of a second 24 mortgage loan secured by the Elizabeth Way Property; 25 6. WHEREAS, the Stipulating Parties desire to conserve litigation costs 26 and have discussed resolving the matter between them via a stipulated judgment 27 with respect to lien priority; 28 1 7. WHEREAS, because there are multiple lienholders named in the 2 action in connection with the properties, Plaintiff desires to enter into a global 3 stipulation with all lienholders as opposed to piecemeal stipulations; 4 8. WHEREAS, in order to give Plaintiff time to communicate with 5 other lienholders and not force Defendant to incur unnecessary fees in prosecuting 6 its defense, the Stipulating Parties agree that Defendant’s response deadline shall 7 be extended for sixty (60) days which should afford Plaintiff enough time to meet 8 and confer with the other lienholders regarding a global stipulation; 9 9. WHEREAS, no prior extensions to respond to the Complaint have 10 been requested or given; 11 10. WHEREAS, in light of the above, the Stipulating Parties agree to 12 extend Defendant’s time to respond to the Complaint to August 20, 2021, which 13 is sixty (60) days from the current response date of June 22, 2021; 14 11. WHEREAS, this Stipulation waives no rights of the Stipulating 15 Parties. 16 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED 17 BY AND BETWEEN THE UNDERSIGNED COUNSEL: 18 1. That the deadline for Defendant to file and serve a response to 19 Plaintiff’s Complaint shall be August 20, 2021; 20 2. It is further stipulated that this Stipulation may be countersigned or 21 signed in parts, and that all facsimile or electronically transmitted signatures shall 22 have the same effect as if an original. 23 IT IS SO STIPULATED. 24 25 Dated: June 23, 2021 By: /s/ Issac M. Hoenig, Esq. David A. Hubbert, Esq. 26 Issac M. Hoenig, Esq. 27 Attorneys for Plaintiff, 28 United States of America 1 WRIGHT, FINLAY & ZAK, LLP 2 Dated: June 23, 2021 By: /s/ Todd E. Chvat 3 T. Robert Finlay, Esq. 4 Todd E. Chvat, Esq. 5 Attorneys for Defendant, U.S. Bank Trust National Association, as 6 Trustee, for ABS Loan Trust VI 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 On May 28, 2021, Plaintiff United States of America (“Plaintiff”) filed its 3 Complaint (Doc. 1), which was served on Defendant US Bank Trust National 4 Association, as Trustee for ABS Loan Trust VI (“Defendant”), on June 1, 2021 (see 5 Doc. 6). Defendant’s deadline to respond to the Complaint was June 22, 2021. 6 Plaintiff and Defendant filed a “Joint Stipulation to Extend Time for 7 Defendant to Respond to Plaintiff’s Complaint” (Doc. 15) on June 23, 2021—one 8 day after Defendant’s responsive pleading deadline. Although the Court may 9 extend time to file a responsive pleading after the deadline has expired because of 10 “excusable neglect,” Fed. R. Civ. P. 6(b)(1)(B), no such excusable neglect has been 11 articulated—much less shown—here. 12 Notwithstanding this deficiency, given the absence of bad faith or prejudice 13 to Plaintiff (as evidenced by the parties’ agreement to the extension of time), and in 14 view of the liberal construction of Fed. R. Civ. 6(b)(1) to effectuate the general 15 purpose of seeing that cases are tried on the merits, see Ahanchian v. Xenon 16 Pictures, Inc., 624 F.3d 1253, 1258–59 (9th Cir. 2010), the Court GRANTS the 17 parties’ stipulated request. The parties are cautioned that future post hoc request 18 for extensions of time will be viewed with disfavor. 19 Based on the foregoing, IT IS HEREBY ORDERED that Defendant’s 20 deadline to respond to Plaintiff’s Complaint is extended to August 20, 2021. 21

IT IS SO ORDERED.

22

23 Dated: June 24, 2021 /s/ Sheila K. Oberto . 24 UNITED STATES MAGISTRATE JUDGE

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26 27 28 -1-