Barnes v. Windham Professionals, Inc.

Filing 5

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 8/3/2018 EXTENDING Time through 9/6/2018, for Defendant to respond to 1 Complaint. (York, M)

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Daria Dub Carlson (SBN 150628)
MARKUN ZUSMAN FRENIERE & COMPTON, LLP
17383 Sunset Boulevard, Suite A-380
Pacific Palisades, CA 90272
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant
Windham Professionals, Inc.,

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UNITED STATES DISCTRICT COURT

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EASTERN DISCTRICT OF CALIFORNIA

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TYRONE BARNES,
Plaintiffs,

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v.

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WINDHAM PROFESSIONALS, INC.,
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Defendants.
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CASE NO: 2:18-CV-01736-WBS-EFB

STIPULATION TO EXTEND TIME FOR
DEFENDANT TO RESPOND TO CLASS
ACTION COMPLAINT; ORDER
THEREON
Assigned to: Honorable
William B. Shubb
Complaint filed: June 15, 2018

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WHEREAS, on June 15, 2018, plaintiff Tyrone Barnes

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(“Plaintiff”) filed a Class Action Complaint against Windham

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Professionals, Inc. (“Defendant”) alleging violations of the

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Telephone Consumer Protection Act (47 U.S.C. § 227, et seq.) (the

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“TCPA);

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WHEREAS, Defendant contends that, among other things, the

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system used by Defendant to contact Plaintiff was not an “auto-

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dialer” as encompassed by TCPA, and that Defendant therefore has

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not violated the TCPA;
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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT
(Case No. 2:18-CV-01736-WBS-EFB)

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WHEREAS, the parties have been in communication and have been

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discussing the exchange of information which could result in the

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resolution of this matter; and

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WHEREAS, Plaintiff has previously granted Defendant a 28 day

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extension to respond to the Complaint to attempt to facilitate

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resolution of this matter,

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THE PARTIES HEREBY STIPULATE AND AGREE, subject to Court
approval, as follows:
Pursuant to Eastern District of California Local Rule 144(a),

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subject to Court approval, Defendant shall have an additional

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thirty (30) days to respond to the Complaint.

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response shall therefore be due September 6, 2018.

Defendant’s

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Dated: August 2, 2018

MARKUN ZUSMAN FRENIERE & COMPTON, LLP

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/s/ Daria Dub Carlson
Attorneys for defendant Windham
Professionals, Inc.

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Dated: August 2, 2018

BURSOR & FISHER, P.A.

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/s/ L. Timothy Fisher
(as authorized on August 2, 2018)
Attorneys for Plaintiff Tyrone Barnes,
individually and on behalf of all others
similarly situated

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT
(Case No. 2:18-CV-01736-WBS-EFB)

ORDER
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The Court, having reviewed and considered the parties’

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Stipulation to Extend Time for Defendant to Respond to Class

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Action Complaint (the “Stipulation”), and good cause appearing

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therefore,

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IT IS HEREBY ORDERED AS FOLLOWS:

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Defendant Windham Professionals, Inc. (“Defendant”) shall

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have an additional thirty (30) days to respond to the Class Action

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Complaint of plaintiff Tyrone Barnes.

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therefore be due September 6, 2018.

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Dated:

Defendant’s response shall

August 3, 2018

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT
(Case No. 2:18-CV-01736-WBS-EFB)