Tyto Hernandez v. USAA Savings Bank

Filing 20

ORDER GRANTING Joint Stipulation to Stay Proceedings #17 by Judge Fernando M. Olguin. Defendant shall confer with Plaintiff and file a status report advising the Court of the outcome of the decision from the United States Court of Appeals for the D.C. Circuit in ACA Intl within 14 days from the date of the decision. The status report shall include the parties' position as to how this Court should proceed. All dates on the Court's calendar are hereby vacated and will be reset as necessary. The Clerk shall administratively close the case until further order of the court. (Made JS-6. Case Terminated.) (jp)

F:~IvIMM\PLDG\1693-625.po-stay.docx

1
2
3
4

DANIELS,FINE,ISRAEL,
SCHONBUCH & LEBOVITS,LLP
MAUREEN M. MICHAIL,ESQ.(SBN 185097)
1801 Century Park East, 9th Floor
Los Angeles, CA 90067
310-556-7900 Telephone
[e-mail]

JS-6

5
6
7
8
9
10
11
12
13
14
15

BENESCH,FRIEDLANDER,
COPLAN & ARONOFF,LLP
DAVID M. KRUEGER (0085072)
200 Public Square, Suite 2300
Cleveland, OH 44114-2378
216-363-4500 Telephone
[e-mail]
Attorneysfog Defendant USAA ,savings dank
WESTGATE LAW
Matthew A. Rosenthal(SBN 279334)
15760 Ventura Blvd, Suite 880
Los Angeles, CA 91436
818-200-1497 Telephone
[e-mail]
Attorneysfor Plaintiff Tyto Hernandez

16
IN THE UNITED STATES DISTRICT COURT

17

FOR THE CENTRAL DISTRICT OF CALIFORNIA

18

WESTERN DIVISION

19
20

CASE NO.2:17-cv-02170-FMO-E

TYTO HERNANDEZ,
21
Plaintiff,

22
23
24

XXXXXXXXX
[PROPOSED]ORDER GRANTING
JOINT STIPULATION TO STAY
PROCEEDINGS

vs.
USAA SAVINGS BANK,

25
26

~~
Defendant.

27
28
[PROPOSED]ORDER GRANTING JOINT STIPULATION TO STAY PROCEEDINGS
Case No. 2:17-cv-02170-FMO-E

1

Pursuant to the Stipulation of the parties, and upon good cause shown, the Court

2

GRANTS the Joint Stipulation to Stay Proceedings pending the United States Court of

3

Appeals for the D.C. Circuit's decision in ACA Intl v. FCC,Appeal No. 15-1211 (D.D.

4

Circuit)(filed on Oct. 13, 2015).

S
6

Defendant shall confer with Plaintiff and file a status report advising the Court of

7'~ the outcome of the decision from the United States Court of Appeals for the D.C. Circuit in
8

ACA Intl within 14 days from the date of the decision. The status report shall include the

J
J

9
~
mo
z~„
o~-~
0

11

z=oo~—
~o a
, ,o

~Z¢~-°°
v~ZZ~ 12
~~~~
¢LL
~"~~~' 13
J W ~~o
W Y¢mom
~U~`

~~~;ZW
~rJ~g
_mow
~~~N
~Zwa
W z¢w
z~0
`~~~
~o~
.m
N~
J

parties' position as to how this Court should proceed. All dates on the Court's calendar are

10

14

hereby vacated and will be reset as necessary. The Clerk shall administratively close the
case until further order of the court.

IT IS SO ORDERED.

/s/

Date: May 22 , 2017

Hon. Fernando M. Olguin
United States District Judge

15
16
17

W
Z
Q

1 t~

~

19
ZO
21
22
23
24
25
26
27
28

2
[PROPOSED] ORDER GRANTING JOINT STIPULATION TO STAY PROCEEDINGS
Case No. 2:17-cv-02170-FMO-E

PROOF OF SERVICE
1

State of California
County of Los Angeles

)
)

2
I am a resident of the State of California, over the age of eighteen years, and not a party to
the within action. My business address is 1801 Century Park East, Ninth Floor, Los
4 Angeles, California 90067. On May 18, 2017, I served the within document(s):
3

5
6
7

[PROPOSED] ORDER GRANTING JOINT STIPULATION TO STAY
PROCEEDINGS
by placing a true copy thereof in sealed envelopes as stated on the attached mailing list.

8

BY PERSONAL SERVICE I caused personal delivery by ATTORNEY
SERVICE of said documents)to the offices of the addressees) as set forth on
the attached mailing list.

9
10

BY OVERNIGHT DELIVERY SERVICE I caused such envelope to be
deposited with an overnight delivery service (Overnite Express/Federal Express)
for delivery the next court day, or at most, within two court days of the above
date.

11
12
13
XXX

BY E-MAIL OR ELECTRONIC TRANSMISSION. Pursuant to the Local
Rules of the U.S. District Court, Central District of California, Local Rule 6-1,
all documents shall be served on each of the parties electronically, unless
excepted from electronic filing. Based on a court order or an agreement of the
parties to accept service by e-mail or electronic transmission, I caused the
documents to be sent to the persons at the e-mail addresses listed on the service
list. I did not receive, within a reasonable time after the transmission, any
electronic message or other indication that the transmission was unsuccessful.

XXX

14

(Federal) I declare that I am employed in the office of a member of the bar of
this court at whose direction the service was made.

15
16
17
18
19
20
21

Executed on May 18, 2017, at Los Angeles, California.

22
23
24

~~~~~~ ~
Christine E. T ker

25
26
27
28
[PROPOSED]ORDER GRANTING JOINT STIPULATION TO STAY PROCEEDINGS
Case No. 2:17-cv-02170-FMO-E

SERVICE LIST
1

Matthew A. Rosenthal, Esq.

Westgate Law
2 15760 Ventura Boulevard
Suite 880
3 Los Angeles, California 91436
4 Tel.: [phone]
Email: matt e,west~atelaw.com
5 Attorneysfor Plaintiff TYTO HERNANDEZ
6

Courtesy Co~v
David M. Krueger, Esq.
7
Benesch, Friedlander,
8 Coplan & Aronoff, LLP
9 200 Public Square
Suite 2300
10 Cleveland, Ohio 44114-2378
Tel.: [phone]
11
dkrue e~r(a,beneschlaw.com
12

1693-625
13
14
15
16
17
18
19
20
Z1
22
23
24'
25
26~
27 i
28
[PROPOSED]ORDER GRANTING JOINT STIPULATION TO STAY PROCEEDINGS
Case No. 2:17-cv-02170-FMO-E