Knox v. First Data Corporation

Filing 14

STIPULATION and ORDER signed by Judge John A. Mendez on 5/6/2015 ORDERING that Defendant shall file its response no later than 6/5/2015. (Zignago, K.)

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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
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
ACTIVE 29959079v1 05/06/2015

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 May 8, 2015 to answer, move or otherwise plead in response

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to the Complaint.
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The response to the Complaint is currently due on May 8, 2015, pursuant an earlier

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extension. Three prior extensions have been granted while the parties try to complete a final

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resolution of their dispute. During the prior extensions, counsel for the plaintiff has been

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diligently attempting to get all of the possible claimants to certain funds in the possession of First

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

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Data Corporation to release those claims so that the plaintiff and First Data Corporation could
hopefully amicably resolve this matter with total finality. Plaintiff has successfully secured the

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release from all but one claimant. In light of the difficulty plaintiff’s counsel has had to get the
final claimant to release its claim, counsel for the parties have also been exploring an alternative

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approach to finally resolve this matter. The parties seek a further extension so that counsel for the

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parties can either obtain the release from the remaining claimant or, alternatively, to separately

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resolve this matter so that the parties can avoid the time and expense associated with an

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interpleader or otherwise having to litigate these proceedings. The parties believe that the

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additional time will aid them in resolving this matter without requiring the filing of a responsive
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pleading or further litigation. Pursuant to this stipulation, Defendant shall file its response no

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STIPULATION FOR EXTENSION OF TIME FOR DEFENDANT TO
ANSWER, MOVE, OR OTHERWISE PLEAD
ACTIVE 29959079v1 05/06/2015

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

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later than June 5, 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: May 6, 2015

Dated: May 6, 2015

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

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Dated: May 6, 2015

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SO ORDERED

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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
ACTIVE 29959079v1 05/06/2015

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