Ruiz v. Wells Fargo Bank, N.A. et al

Filing 28

STIPULATION AND ORDER TO CONTINUE MOTION HEARING as to 14 MOTION to DISMISS HEARING from 5/17/2017 to 5/24/2017 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. Signed by Magistrate Judge Stanley A. Boone on 4/24/2017. (Hernandez, M)

1 LAW OFFICE OF CLARK OVRUCHESKY
2 Clark Ovruchesky, Esq. (SBN: 301844)

[e-mail]

3 750 B. Street, Suite 3300
4 San Diego, California 92101

Telephone: [phone]

5 Facsimile: [phone]
6

LAW OFFICE OF STEPHAN A. HOOVER

7 Stephan A. Hoover, Esq. (SBN: 299790)
8 [e-mail]

P.O. Box 723

9 Telephone: [phone]
10 Facsimile: [phone]
11 Attorneys for Plaintiff,
12 Rachel K. Ruiz
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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15 RACHEL K. RUIZ,

Plaintiff,

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Case No. 1:17-CV-00323-LJO-SAB
STIPULATION AND ORDER TO
CONTINUE MOTION TO DISMISS
HEARING

vs.

18 WELLS FARGO BANK, N.A.,

HYUNDAI CAPITAL AMERICA,

19 VALLEY FIRST CREDIT UNION,

EXPERIAN INFORMATION

20 SOLUTIONS, INC., TRANS UNION

LLC, and EQUIFAX INFORMATION

21 SERVICES, LLC,
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Defendants.

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Plaintiff Rachel K. Ruiz (“Plaintiff”) and Defendant Wells Fargo Bank, N.A.

25 (“WFBNA”) hereby stipulate as follows:
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WHEREAS, WFBNA filed a Motion to Dismiss Plaintiff’s Complaint on April

27 11, 2017 and a Motion Hearing was set for May 16, 2017 at 9:30 AM in Courtroom 5
28 (DAD) before District Judge Dale A. Drozd;
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WHEREAS, on April 13, 2017 this case was reassigned to Chief Judge

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2 Lawrence J. O’Neill and Magistrate Judge Stanley A. Boone;

WHEREAS, on April 20, 2017 WFBNA’s pending Motion to Dismiss

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4 Plaintiff’s Complaint was referred by Chief Judge Lawrence J. O’Neill to Magistrate
5 Judge Stanley A. Boone for the preparation of findings and recommendations;

WHEREAS, on April 20, 2017 the Court reset the Motion Hearing as to

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7 WFBNA’s Motion to Dismiss Plaintiff’s Complaint for May 17, 2017 at 10:00 AM in
8 Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone;

WHEREAS, Plaintiff’s counsel Clark Ovruchesky has a trial conflict from May

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10 15 to potentially May 17 in Los Angeles Superior Court and a settlement
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11 conference conflict on May 17 in the Southern District of California (San Diego);
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WHEREAS, Plaintiff’s counsel Stephan Hoover has a family medical matter
th

13 conflict on May 17 in San Diego;
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WHEREAS, Plaintiff and WFBNA are currently engaged in settlement

15 discussions and believe that a short continuance would also allow the parties to
16 continue to explore early resolution of this action;
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WHEREAS, this request is not made for any delay or improper purpose;

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THEREFORE, Plaintiff and WFBNA hereby request that the currently

19 scheduled Motion to Dismiss hearing be continued from May 17, 2017 to May 24,
20 May 25, or May 26 and the motion filing deadlines related to WFBNA’s Motion to
21 Dismiss be adjusted accordingly.
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IT IS SO STIPULATED.

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3 DATED: April 24, 2017

LAW OFFICE OF CLARK OVRUCHESKY.

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By /s/ Clark Ovruchesky1
Clark Ovruchesky
Attorneys for Plaintiff
Rachel K. Ruiz

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DATED: April 24, 2017

SEVERSON & WERSON

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By /s/ Laszlo Ladi (as authorized 4-24-17)
Laszlo Ladi
Attorneys for Defendant
Wells Fargo Bank, N.A.

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12
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PURSUANT TO STIPULATION, IT IS SO ORDERED that the hearing for

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15 Wells Fargo Bank, N.A.’s Motion to Dismiss Plaintiff’s Complaint currently set for
16 May 17, 2017 is continued to May 24, 2017 at 10:00 AM in Courtroom 9 (SAB)
17 before Magistrate Judge Stanley A. Boone and the motion filing deadlines related to
18 WFBNA’s Motion to Dismiss are adjusted accordingly.
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20

IT IS SO ORDERED.

21 Dated:

April 24, 2017
UNITED STATES MAGISTRATE JUDGE

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Pursuant to Eastern District Local Rule 131(e), filing counsel attests that all other
signatories listed hereon and on whose behalf this filing is submitted concur in the
28 filing’s content and have authorized the filing.
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