Miller v. Equifax, Inc. et al

Filing 19

SECOND JOINT STIPULATION AND ORDER signed by District Judge John A. Mendez on 4/3/18 ORDERING Defendant Bank of America, N.A.'s time to file a responsive pleading in this action is EXTENDED by twenty-eight days up to and including 5/3/18; This extension will not affect any other deadline in this case; This stipulation is without prejudice to the rights, claims, arguments, and defenses of all parties. (Becknal, R)

1 MCGUIREWOODS LLP
Anthony Q. Le (SBN# 300660)
2 [e-mail]
Two Embarcadero Center
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Suite 1300
4 San Francisco, CA 94111
Telephone: [phone]
5 Facsimile: 415.844.9922
6 Attorneys for Defendant
Bank of America, N.A.
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8 SAGARIA LAW, P.C.
Scott J. Sagaria (SBN# 217981)
9 Elliot W. Gale (SBN# 263326)
Joe B. Angelo (SBN# 268542)
10 Scott M. Johnson (SBN# 287182)
th
11 2033 Gateway Place, 5 Floor
San Jose, CA 95110
12 Telephone: [phone]
Facsimile: 408.279.2299
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Attorneys for Plaintiff
14 Crystal Miller
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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Case No. 2:18-cv-00126-JAM-CKD

19 Crystal Miller,
Plaintiff,

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v.

22 Experian Information Solutions, Inc.; Equifax,
Inc.; Bank of America, N.A.; Harley Davidson
23 Credit Corporation; Wells Fargo Bank, N.A.;
and DOES 1 through 100 inclusive,
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Defendants.
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SECOND JOINT STIPULATION TO
EXTEND TIME TO RESPOND TO
INITIAL COMPLAINT PURSUANT TO
L.R. 144(a); ORDER
Complaint Filed: January 19, 2018
Honorable John A. Mendez
Current Response Deadline: 4/5/2018
New Response Deadline:
5/3/2018

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CASE NO. 2:18-cv-00126-JAM-CKD
SECOND JOINT STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT

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This Stipulation is made by and between Plaintiff Crystal Miller (“Plaintiff”) and

2 Defendant Bank of America, N.A. (“BANA”) through their respective counsel and in light of the
3 following facts:
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RECITALS
WHEREAS; on January 19, 2018, Plaintiff filed this action against BANA, and a

6 summons was issued by the Court;
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WHEREAS; BANA was served a copy of the Complaint and Summons on February 22,

8 2018;
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WHEREAS; BANA’s current deadline to respond to the Complaint is presently April 5,

10 2018;
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WHEREAS; BANA and Plaintiff are continuing to engage in good-faith settlement

12 discussions and believe that continued settlement discussions will result in resolution of the case
13 without wasting the Court and the Parties’ time and resources;
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WHEREAS; BANA, through counsel, has requested a twenty-eight (28) day extension of

15 time within which to respond to the Complaint and Plaintiff, through counsel, has agreed to this
16 request.
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STIPULATION

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THEREFORE, the parties agree through their respective attorneys to the following:

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1.

BANA’s time to file a responsive pleading in this action shall be extended by

20 twenty-one days up to and including May 3, 2018.
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2.

This is the second extension of time to respond for BANA.

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3.

This extension will not affect any other deadline in this case.

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4.

This stipulation is without prejudice to the rights, claims, arguments, and defenses

24 of all parties.
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CASE NO. 2:18-cv-00126-JAM-CKD
SECOND JOINT STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT

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All other signatories listed, and on whose behalf the filing is submitted, concur in the

2 filings content and have authorized the filing.
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5 DATED: April 3, 2018

MCGUIREWOODS LLP

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By: _/s/ Anthony Q. Le
Anthony Q. Le

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Attorneys for Defendant
Bank of America, N.A.

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10 DATED: April 3, 2018

SAGARIA LAW LLP

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By: _/s/ Elliot Gale (with permission)
Elliot Gale

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Attorneys for Plaintiff
Crystal Miller

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CASE NO. 2:18-cv-00126-JAM-CKD
SECOND JOINT STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT

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ORDER

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This Court, having received and reviewed the stipulation of the parties referenced

4 immediately above, and finding good cause therefore, hereby enters the stipulation as the order of
5 the Court. Accordingly,
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(1)

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Defendant Bank of America, N.A.’s time to file a responsive pleading in this action
shall be extended by twenty-eight days up to and including May 3, 2018.

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(2)

This is the second extension of time to respond for BANA.

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(3)

This extension will not affect any other deadline in this case.

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(4)

This stipulation is without prejudice to the rights, claims, arguments, and defenses

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of all parties.

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IT IS SO ORDERED.

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15 Dated: 4/3/2018
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/s/ John A. Mendez_______________________
HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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CASE NO. 2:18-cv-00126-JAM-CKD
SECOND JOINT STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT

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CERTIFICATE OF SERVICE

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I hereby certify that on April 3, 2018, I electronically filed the foregoing with the Clerk of

4 Court of the United States District Court, Eastern District of California, using the CM/ECF
5 system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF
6 system.
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_/s/ Anthony Q. Le
Anthony Q. Le

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CASE NO. 2:18-cv-00126-JAM-CKD
SECOND JOINT STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT