Bruno v. Equifax Credit Information Services, LLC, et al.

Filing 246

STIPULATION and ORDER to Modify the Scheduling Order #245 signed by Senior Judge William B. Shubb on 10/16/2018: 1) The deadline for completing fact discovery shall be extended to 12/17/2018; 2) The deadline for filing a motion for class certification shall be extended to 1/14/2019; 3) By entering into this stipulation, the parties do not waive any objections to pending or future discovery requests that are unrelated to the discovery deadline; and 4) Nothing shall restrict any party from filing a dispositive motion prior to the due date set forth above. (Kirksey Smith, K)

1 Joseph S. Messer (IL: 6200036)
Messer Strickler, Ltd.

2 225 W. Washington, Suite 575
Chicago, IL 60606

3 312-334-3440 (Phone)
312-334-3473 (Fax)

4 [e-mail]
Pro Hac Vice

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James Louis Kohl (SBN: 120808)

6 795 Folsom Street, First Floor

San Francisco, California 94107

7 [phone] (Phone)
[phone] (Fax)

8 [e-mail]
9 Attorneys for Plaintiff

DANIEL BRUNO, individually and on behalf

10 of others similarly situated
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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DANIEL BRUNO, Individually and on behalf

Case No. 2:17-cv-00327-WBS-EFB

14 of others similarly situated,
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Plaintiff,

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v.

STIPULATED REQUEST AND ORDER
TO MODIFY THE SCHEDULING
ORDER

17 EQUIFAX INFORMATION SERVICES,
18 LLC et al.,
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Defendants.

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STIPULATED REQUEST TO MODIFY THE SCHEDULING ORDER

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Pursuant to Local Rule 144, the undersigned parties1 submit this stipulated request to

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23 modify the scheduling order, and in support of which, state as follows:
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1.

On September 12, 2018, Plaintiff filed a motion for leave to take additional

25 depositions, which Plaintiff withdrew on October 4, 2018 after Equifax Information Services,
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LLC consented to the additional depositions sought by Plaintiff. See ECF Nos. 225 and 236.

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The agreed-upon modification herein has been stipulated to by all parties except Mark Hassan. As set forth in the
Declaration filed concurrently herewith, Neil Evans, Hassan’s counsel, failed to respond to Plaintiff’s counsel’s
numerous attempts to obtain his stipulation to the foregoing.
CASE NO. 2:17-CV-00327-WBS-EFB
STIPULATION RE SCHEDULING

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2.

During the October 1, 2018 hearing before this Honorable Court on the motion to

2 withdraw of the attorneys for Robert McGinley and John McGinley, the Court indicated that it
3 was inclined to grant an extension of the discovery deadline to allow adequate time for the
4 additional discovery.
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3.

sixty (60) days, from the current October 16, 2018 deadline until December 17, 2018.

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Accordingly, the parties agree and stipulate that discovery should be extended by

4.

The parties further agree and stipulate that the current due date for Plaintiff’s

motion for class certification, October 30, 2018, should be continued to January 14, 2019.
5.

By entering into this stipulation, the parties do not waive any objections to

11 pending or future discovery requests that are unrelated to the discovery deadline.
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6.

Nothing shall restrict any party from filing a dispositive motion prior to the due

date set forth above.
Dated: October 12, 2018

Respectfully Submitted,

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/s/ Joseph S. Messer
Joseph S. Messer (pro hac vice)
Kevin S. Borozan (pro hac vice)
Messer Strickler, Ltd.
225 W. Washington St., Suite 575
Chicago, IL 60606
[phone] (direct)
[phone] (fax)
[e-mail]

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Attorneys for Plaintiff
DANIEL BRUNO, individually and
on behalf of others similarly situated

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/s/ Zachary A. McEntyre (with permission)
ZACHARY A. MCENTYRE (pro hac vice)
[e-mail]

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STIPULATION EXTENDING TIME

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CASE NO. 2:17-CV-00327-WBS-EFB

KING & SPALDING LLP
1180 Peachtree St., NE
Atlanta, GA 30309
Telephone: [phone]
Facsimile: [phone]

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Attorney for Defendant
EQUIFAX INFORMATION SERVICES, LLC

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/s/ Paul H. Levine (with permission)
Paul H. Levine
Rebecca Dena Wester
Law Offices of Henry N. Jannol, APC
10850 Wilshire Boulevard
Suite 825
Los Angeles, CA 90024
310-286-1166
Email: [e-mail]

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Attorneys for Defendants
JOHN MCGINLEY and ROBERT MCGINLEY

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Neil C. Evans
Law Office of Neil C. Evans
13351 D Riverside Drive
Suite 612
Sherman Oaks, CA 91423
818-802-8333
Fax: [phone]
Email: [e-mail]

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Attorney for Defendants
GENEVA FINANCIAL SERVICES, INC. and
MARK HASSAN

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ORDER
Having reviewed the parties’ stipulation, the Court determines that good cause exists for
the modifications to the scheduling order proposed therein.

Accordingly, it is hereby

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STIPULATION EXTENDING TIME

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CASE NO. 2:17-CV-00327-WBS-EFB

1 ORDERED that the scheduling order, ECF No. 73, as modified ECF No. 218, be modified as
2 follows:
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1.

The deadline for completing fact discovery shall be extended from October 16,

2018 to December 17, 2018;

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2.

The deadline for filing a motion for class certification shall be extended from

October 30, 2018 to January 14, 2019;
3.

By entering into this stipulation, the parties do not waive any objections to

9 pending or future discovery requests that are unrelated to the discovery deadline;
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4.

Nothing shall restrict any party from filing a dispositive motion prior to the due

11 date set forth above.
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13 IT IS SO ORDERED.
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15 Dated: October 16, 2018
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STIPULATION EXTENDING TIME

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CASE NO. 2:17-CV-00327-WBS-EFB