Heryford v. Alliance Data Systems Corporation, et al

Filing 19

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 2/1/16 ORDERING that Plaintiff shall file his Amended Complaint on or before 2/5/2016; and Defendants shall file their responsive pleading on or before 2/26/2016. (Kastilahn, A)

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Ballard Spahr LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]

Terrence M. Jones (SBN 256603)
2 [e-mail]
Taylor Steinbacher (SBN 285335)
3 [e-mail]
BALLARD SPAHR LLP
4 2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
5 Telephone: [phone]
Facsimile: 424.204.4350
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Of Counsel:
7 Martin C. Bryce, Jr. (Pro Hac Vice)
[e-mail]
8 BALLARD SPAHR LLP
1735 Market Street, 51st Floor
9 Philadelphia, PA 19103
Telephone: [phone]
10 Facsimile: 215.864.8999
11 Attorneys for Defendants
Alliance Data Systems Corporation
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and Comenity Bank F/K/A World
Financial Network National Bank
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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THE PEOPLE OF THE STATE OF
18 CALIFORNIA EX REL., ERIC L. HERYFORD
DISTRICT ATTORNEY, TRINITY COUNTY,
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Plaintiff,
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v.
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ALLIANCE DATA SYSTEMS
22 CORPORATION, COMENITY BANK F/K/A
WORLD FINANCIAL NETWORK
23 NATIONAL BANK, AND DOES I-XX,
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Case No. 2:15-CV-02343-TLN-EFB
STIPULATION TO EXTEND TIME FOR
PLAINTIFF TO FILE AMENDED
COMPLAINT AND FOR DEFENDANTS’
RESPONSE THERETO

Defendants.

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DMEAST #24308067 v1

STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE AMENDED COMPLAINT AND FOR DEFENDANTS’ RESPONSE THERETO

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Plaintiff, the People of the State of California ex rel. Eric L. Heryford, District Attorney,

2 Trinity County (“Plaintiff”) and Defendants Alliance Data Systems Corporation and Comenity
3 Bank f/k/a World Financial Network National Bank (collectively, “Defendants”), by an through
4 their attorneys of record, hereby agree and stipulate as follows:
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WHEREAS, on September 28, 2015, Plaintiff filed his Complaint in the Superior Court of

6 the State of California, Trinity County, naming Alliance Data Systems Corporation and Comenity
7 Bank f/k/a World Financial Network National Bank, among others, as Defendants;
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WHEREAS, on October 12, 2015, Defendants were served with the Complaint;

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WHEREAS, on November 11, 2015, Defendants filed a Notice of Removal in this Court,

10 removing the action from the Superior Court;
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WHEREAS, Plaintiff filed his Motion to Remand this case to the Trinity County Superior

Ballard Spahr LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]

12 Court on December 11, 2015;
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WHEREAS, on January 7, 2016, the Court approved the parties’ Stipulation providing that

14 Defendants would have ten (10) days from the Court's decision on the Motion to Remand within
15 which to respond to the Complaint assuming this matter had not been remanded;
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WHEREAS, on January 20, 2016, Plaintiff filed his Notice of Withdrawal of Motion to

17 Remand which withdrew the Remand Motion and stated an intent to amend the Complaint;
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WHEREAS, the parties agree that it would be advantageous for Plaintiff to first amend his

19 Complaint before Defendants file their responsive pleading;
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WHEREAS, Plaintiff is amenable to filing his Amended Complaint on or before

21 February 5, 2016;
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WHEREAS, Defendants are amendable to filing their response to the Amended Complaint

23 on or before February 26, 2016 and this stipulation is made without prejudice to that response;
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WHEREAS, no trial date has been set in this matter than there is no prejudice occasioned

25 by allowing Defendants to file their responsive pleading after the filing of the Amended
26 Complaint;
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STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE AMENDED COMPLAINT AND FOR DEFENDANTS’ RESPONSE THERETO

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ACCORDINGLY, the parties hereby stipulate that Plaintiff shall file his Amended

2 Complaint on or before February 5, 2016 and Defendants shall file their response thereto on or
3 before February 26, 2016.
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IT IS SO STIPULATED.

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6 DATED: January 29, 2016

Terrence M. Jones
Taylor Steinbacher
Martin C. Bryce, Jr.
BALLARD SPAHR LLP

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By:

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/s/ Taylor Steinbacher
Taylor Steinbacher

Attorneys for Defendants Alliance Data
Systems Corporation and Comenity Bank f/k/a
World Financial Network National Bank

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Ballard Spahr LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]

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13 DATED: January 29, 2016

Eric L. Heryford
Trinity County District Attorney

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By: /s/ Eric L. Heryford (as authorized on
01/29/2016)
Eric L. Heryford

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Trinity County District Attorney

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STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE AMENDED COMPLAINT AND FOR DEFENDANTS’ RESPONSE THERETO

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ORDER
Based upon the foregoing stipulation of the parties, and good cause appearing, it is hereby

3 ORDERED that:
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1.

Plaintiff shall file his Amended Complaint on or before February 5, 2016; and

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2.

Defendants shall file their responsive pleading on or before February 26, 2016.

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IT IS SO ORDERED.

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9 Dated: February 1, 2016
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Ballard Spahr LLP
2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
Telephone: [phone]

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Troy L. Nunley
United States District Judge

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ORDER