Heryford v. Alliance Data Systems Corporation, et al

Filing 8

STIPULATION and ORDER 5 for extension of time signed by Judge Garland E. Burrell, Jr. on 1/6/2016. Defendants may file their responsive pleading with 10 days of Court's ruling on plaintiff's 7 Motion to Remand. (Marciel, M)

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. (P.A. SBN. 59409)
7 [e-mail]
BALLARD SPAHR LLP
st
8 1735 Market Street, 51 Floor
Philadelphia, PA 19103
9 Telephone: [phone]
Facsimile: 215.864.8999
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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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17 THE PEOPLE OF THE STATE OF
CALIFORNIA EX REL., ERIC L. HERYFORD
18 DISTRICT ATTORNEY, TRINITY COUNTY,
Plaintiff,

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v.

Case No. 2:15-CV-02343-GEB-EFB
STIPULATION TO EXTEND TIME TO
FILE RESPONSE TO COMPLAINT
UNTIL AFTER RULING ON MOTION
TO REMAND

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 #23403789 v1

STIPULATION TO EXTEND TIME TO FILE RESPONSE TO COMPLAINT UNTIL AFTER RULING ON MOTION TO REMAND

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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, Defendants’ response to the Complaint is due by no later than November 18,

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

12 2015, pursuant to Federal Rule of Civil Procedure 81(c)(2)(C);
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WHEREAS, Plaintiff intends to file a Motion to Remand this case to the Trinity County

14 Superior Court, and this Stipulation is made without prejudice to such remand motion;
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WHEREAS, the parties agree that it would be advantageous to receive the Court’s ruling

16 on Plaintiff’s Motion to Remand before Defendants file their responsive pleading;
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WHEREAS, Defendants are amendable to filing their response to the Complaint within ten

18 (10) days of the Court’s ruling on Plaintiff’s Motion to Remand;
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WHEREAS, no trial date has been set in this matter than there is no prejudice occasioned

20 by allowing Defendants to file their responsive pleading shortly after the Court’s ruling on
21 Plaintiff’s Motion to Remand;
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WHEREAS, no previous extensions of time have been granted for Defendants to file their

23 responsive pleading;
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ACCORDINGLY, the parties hereby stipulate that Defendants’ responsive pleading will

25 be due by no later than ten (10) days after the Court issues its ruling on Plaintiff’s Motion to
26 Remand.
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IT IS SO STIPULATED.

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DMEAST #23403789 v1

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STIPULATION TO EXTEND TIME TO FILE RESPONSE TO COMPLAINT UNTIL AFTER RULING ON MOTION TO REMAND

1 DATED: November 18, 2015

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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8 DATED: November 18, 2015

Eric L. Heryford
Trinity County District Attorney

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By: /s/ Eric L. Heryford (as authorized on
11/18/2015)
Eric L. Heryford

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Trinity County District Attorney.

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

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DMEAST #23403789 v1

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STIPULATION TO EXTEND TIME TO FILE RESPONSE TO COMPLAINT UNTIL AFTER RULING ON MOTION TO REMAND

[PROPOSED] ORDER

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Based upon the foregoing stipulation of the parties, it is hereby ORDERED:

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1.

Defendants may file their responsive pleading within ten (10) days of the Court’s

4 ruling on Plaintiff’s Motion to Remand.
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IT IS SO ORDERED.

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Dated: January 6, 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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DMEAST #23403789 v1

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[PROPOSED] ORDER