Meza v. Verizon Communications, Inc., et al.

Filing 26

STIPULATION and ORDER AMENDING MOTION SCHEDULE; MOTION HEARING CURRENTLY set for 7/17/2017 is CONTINUED to set for 9/18/2017 at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii, signed by Magistrate Judge Michael J. Seng on 3/23/2017. (Lafata, M)

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Steven M. Zadravecz (State Bar No. 185676)
[e-mail]
Mark E. Earnest (State Bar No. 253490)
[e-mail]
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612.4408
Telephone: [phone]
Facsimile: +1.949.553.7539
Attorneys for Defendants
VERIZON COMMUNICATIONS, INC. and
VERIZON CORPORATE RESOURCES
GROUP LLC (erroneously named as
VERIZON CORPORATION RESOURCES
GROUP, LLC)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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Dave Meza, an individual, on behalf of
himself and all other similarly situated,

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Plaintiff,

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v.
Verizon Communications, Inc., a
Delaware corporation; Verizon
California, Inc., a California
corporation; Frontier Communications
Corporation; Verizon Corporation
Resources Group, LLC; and DOES 3
through 10,

Case No. 1:16-cv-00739-AWI-MJS
Assigned for all purposes to
Judge Anthony W. Ishii
JOINT STIPULATION AND
ORDER AMENDING MOTION
SCHEDULE
Complaint filed: April 14, 2016

Defendants.

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1:16-cv-00739-AWI-MJS

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Plaintiff Dave Meza (“Plaintiff”), on the one hand, and defendants Frontier
California Inc. and Frontier Communications Corporation (collectively,
“Frontier”), and defendants Verizon Communications, Inc. and Verizon Corporate
Resources Group LLC (collectively, “Verizon”) (Frontier and Verizon are referred
to collectively as “Defendants”), on the other hand, hereby enter into the following
Stipulation with reference to the following facts:

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RECITALS
1. On April 14, 2016, Plaintiff filed his Complaint in Fresno County Superior
Court, alleging a single claim for relief under the Fair Credit Reporting Act, 15
U.S.C. § 1681b.
2. On May 27, 2016, Frontier timely removed the action to this Court based on
federal question jurisdiction.
3. On September 28, 2016, Defendants filed their respective Answers to the
Complaint, denying the allegations in the Complaint.
4. On November 9, 2016, counsel for the parties appeared before the Court at a
Scheduling Conference, after which the Court set the following deadlines related to
any motions for summary judgment and class certification:

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May 30, 2017

Last Day to file Motion for Summary
Judgment
Last Day to file Motion for Class
Certification

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Four weeks after ruling on any
summary judgment motion, or
June 27, 2017, if no such
motion is filed

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July 17, 2017 (1:30 pm)

Last Day to hear Motion for Summary
Judgment

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(Docket No. 22, at 3).
5. Since the Scheduling Conference, the parties have been actively engaged in
discovery. They have exchanged their initial disclosures, propounded and
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1:16-cv-00739-AWI-MJS

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responded to several sets of interrogatories and document demands, and produced
relevant and responsive documents.
6. The parties followed the Court’s Order for all counsel “to discuss with their
clients the relative benefits and detriments of settlement versus trial, the likelihood
the case ultimately will settle and the economic benefit of settling sooner rather
than later.” (Id., at 4). Having done so, and after conducting the necessary
discovery discussed above, the parties believe they are now in a position to have
fruitful discussions regarding a possible resolution.
7. In an effort to give settlement a realistic chance, the parties agree that
amending the motion schedule above is necessary. Doing so will help the parties
avoid unnecessary discovery and litigation expenses due to looming summary
judgment and class certification deadlines. It will also serve judicial economy
since the parties will not need to file or burden the Court with unnecessary
discovery and/or dispositive motions.

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STIPULATION
Based on the facts stated above and subject to this Court’s approval, plaintiff
Meza and defendants Frontier and Verizon stipulate that the motion schedule
outlined in the Scheduling Order issued on November 10, 2016 in this action be
amended to apply the following dates:

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August 31, 2017

Last Day to file Motion for Summary
Judgment
Last Day to file Motion for Class
Certification

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Four weeks after ruling on any
summary judgment motion, or
September 28, 2017, if no such
motion is filed

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September 18, 2017 (1:30 pm)

Last Day to hear Motion for Summary
Judgment

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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1:16-cv-00739-AWI-MJS

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Dated: March 22, 2017

DION-KINDEM LAW FIRM

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By:/s/ Peter R. Dion-Kindem
Peter R. Dion-Kindem, P.C.

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Peter R. Dion-Kindem

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Attorneys for Plaintiff DAVE MEZA

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Dated: March 22, 2017

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JONES DAY
By:/s/ Steven M. Zadravecz
Steven M. Zadravecz

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Attorneys for Defendants VERIZON
COMMUNICATIONS, INC. AND
VERIZON CORPORATE
RESOURCES GROUP LLC
(erroneously named as VERIZON
CORPORATION RESOURCES
GROUP, LLC)

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Dated: March 22, 2017

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MORGAN LEWIS & BOCKIUS LLP
By:/s/ Joseph V. Marra III
Joseph V. Marra III

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Attorneys for Defendants FRONTIER
CALIFORNIA INC. and FRONTIER
COMMUNICATIONS CORP.

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ORDER

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Good cause appearing, the foregoing Stipulation to amend motion

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schedule is accepted and adopted as the Order of this Court.

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IT IS SO ORDERED.
Dated:

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March 23, 2017

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
NAI_1502579057_1

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