Heryford v. Alliance Data Systems Corporation, et al

Filing 26

ORDER signed by District Judge Troy L. Nunley on 3/30/2016 ORDERING that Defendants shall file their response to Plaintiff's Second Amended Complaint on or before 4/22/2016. (Reader, L)

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

1 Terrence M. Jones (SBN 256603)
[e-mail]
2 Taylor Steinbacher (SBN 285335)
[e-mail]
3 BALLARD SPAHR LLP
2029 Century Park East, Suite 800
4 Los Angeles, CA 90067-2909
Telephone: [phone]
5 Facsimile: 424.204.4350
6 Of Counsel:
Martin C. Bryce, Jr. (Pro Hac Vice)
7 [e-mail]
BALLARD SPAHR LLP
8 1735 Market Street, 51st Floor
Philadelphia, PA 19103
9 Telephone: [phone]
Facsimile: 215.864.8999
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Attorneys for Defendants
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Alliance Data Systems Corporation
and Comenity Bank F/K/A World
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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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17 THE PEOPLE OF THE STATE OF
CALIFORNIA EX REL., ERIC L. HERYFORD
18 DISTRICT ATTORNEY, TRINITY COUNTY,
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Plaintiff,
v.

Case No. 2:15-CV-02343-TLN-EFB
STIPULATION AND ORDER
EXTENDING TIME FOR DEFENDANT
TO RESPOND TO SECOND AMENDED
COMPLAINT

21 ALLIANCE DATA SYSTEMS
CORPORATION, COMENITY BANK F/K/A
22 WORLD FINANCIAL NETWORK
NATIONAL BANK, AND DOES I-XX,
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Defendants.
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DMEAST #24751905 v2

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO SECOND AMENDED COMPLAINT

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

9 removing the action from the Superior Court;
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WHEREAS, on February 5, 2016, Plaintiff filed a First Amended Complaint in this matter;

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WHEREAS, on February 25, 2016, Defendants filed a Motion to Dismiss the Amended

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

12 Complaint, or in the Alternative, Motion to Strike;
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WHEREAS, on March 23, 2016, the parties stipulated that Plaintiff may file a Second

14 Amended Complaint, pursuant to Federal Rule of Civil Procedure 15(a)(2), in lieu of filing an
15 Opposition to Defendants’ Motion to Dismiss;
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WHEREAS, on March 23, 2016, Plaintiff filed a Second Amended Complaint;

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WHEREAS, Defendants’ response to the Second Amended Complaint is due by no later

18 than April 6, 2016, pursuant to Federal Rule of Civil Procedure 15(a)(3);
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WHEREAS, Plaintiffs are amenable to allowing a Defendants a brief extension of time to

20 review and respond to the allegations and claims in the newly-filed Second Amended Complaint,
21 and Defendants request such an extension;
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WHEREAS, no trial date has been set in this matter and there is no prejudice occasioned

23 by allowing Defendants a brief extension of time to respond to the newly-filed Second Amended
24 Complaint;
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DMEAST #24751905 v2

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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO SECOND AMENDED COMPLAINT

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ACCORDINGLY, the parties hereby stipulate that Defendants shall file their response to

2 Plaintiff’s Second Amended Complaint on or before April 22, 2016.
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IT IS SO STIPULATED.

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DATED: March 25, 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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DATED: March 25, 2016

Roland Tellis
BARON & BUDD, P.C.

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By: /s/ Roland Tellis (as authorized on
03/25/2016)
Roland Tellis

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Attorneys for Plaintiff Eric L. Heryford,
District Attorney, Trinity County

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DMEAST #24751905 v2

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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO SECOND AMENDED COMPLAINT

ORDER

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2

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

3 ORDERED that:
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1.

Defendants shall file their response to Plaintiff’s Second Amended Complaint on or

5 before April 22, 2016
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IT IS SO ORDERED.

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9 Dated: March 30, 2016
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11

Troy L. Nunley
United States District Judge

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

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DMEAST #24751905 v2

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PROOF OF SERVICE