Knox v. First Data Corporation

Filing 12

STIPULATION and ORDER FOR EXTENSION OF TIME signed by Judge John A. Mendez on 4/10/15 ORDERING that Defendant shall file its response no later than 5/8/2015. (Mena-Sanchez, L)

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KEITH CHRESTIONSON (SBN: 130936)
RAMON A. MIYAR (SBN: 284990)
FOX ROTHSCHILD LLP
345 California Street, Suite 2200
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
e-mail: [e-mail]
[e-mail]
Attorneys for Defendant
FIRST DATA CORPORATION

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UNITED STATES DISTRICT COURT
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FOX ROTHSCHILD LLP
345 California Street, Suite 2200
San Francisco, CA 94104
Telephone: [phone] Fax: [phone]

EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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Case No. 2:15-cv-00393-JAM-KJN

DAVID KNOX,

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Plaintiff,

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v.
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FIRST DATA CORPORATION, and
DOES 1-25,
Defendants.

STIPULATION FOR EXTENSION OF TIME
FOR DEFENDANT TO ANSWER, MOVE,
OR OTHERWISE PLEAD IN RESPONSE TO
PLAINTIFF’S COMPLAINT AND ORDER
Complaint Filed: November 12, 2014
Removed:
February 19, 2015

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STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT TO
ANSWER, MOVE, OR OTHERWISE PLEAD

CASE NO.: 2:15-cv-00393-JAM-KJN

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Pursuant to General Local Rule 144(a), it is hereby STIPULATED and AGREED by and
between counsel for Plaintiff, David Knox, and Defendant, First Data Corporation, that
Defendant shall have 28 days from April 16, 2015 to answer, move or otherwise plead in

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response to the Complaint.
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The response to the Complaint is currently due on April 16, 2015 pursuant to an earlier

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extension. Only two prior extensions have been granted in this matter. During the prior two

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extensions, counsel for the plaintiff has been diligently attempting to get all of the possible

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claimants to certain funds in the possession of First Data Corporation to release those claims so

FOX ROTHSCHILD LLP
345 California Street, Suite 2200
San Francisco, CA 94104
Telephone: [phone] Fax: [phone]

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that plaintiff and First Data Corporation could hopefully amicably resolve this matter with total
finality. The parties seek a further extension so that counsel for the plaintiff can continue to seek

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the release by one last claimant to certain funds so that the parties can avoid pursuing the time
and expense associated with an interpleader or otherwise having to litigate these proceedings.

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The parties believe that the additional time will aid in determining whether the release of the final

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claimant can be obtained before a responsive pleading is required. Pursuant to this stipulation,

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STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT TO
ANSWER, MOVE, OR OTHERWISE PLEAD

CASE NO.: 2:15-cv-00393-JAM-KJN

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Defendant shall file its response no later than May 8, 2015.

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FOX ROTHSCHILD LLP

LAW OFFICES OF RANDY E. THOMAS

/s/ Ramon A. Miyar ____________
KEITH CHRESTIONSON
RAMON A. MIYAR
345 California Street, Suite 2200
San Francisco, CA 94104

/s/ Jeannine I. Maldonado ___________
RANDY E. THOMAS
JEANNINE I. MALDONADO
18826 N. Lower Sacramento Road, Ste. G
Woodbridge, CA 95258

Attorneys for Defendant

Attorneys for Plaintiff

Dated: April 10, 2015

Dated: April 10, 2015

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FOX ROTHSCHILD LLP
345 California Street, Suite 2200
San Francisco, CA 94104
Telephone: [phone] Fax: [phone]

SO ORDERED
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Dated: April 10, 2015
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/s/ John A. Mendez_______________________
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT TO
ANSWER, MOVE, OR OTHERWISE PLEAD

CASE NO.: 2:15-cv-00393-JAM-KJN