Garcia v. Resurgent Capital Services, LP et al

Filing 11

STIPULATION AND ORDER EXTENDING TIME TO ANSWER re 9 Stipulation filed by Donna Garcia. Signed by Judge Edward M. Chen on 4/25/11. (bpfS, COURT STAFF) (Filed on 4/25/2011)

1 David I. Dalby, Esq. SBN 114750

HINSHAW & CULBERTSON, LLP

2 1 California St 18th FL

San Francisco, CA 94111

3 Phone Number: [phone]

Fax Number: [phone]

4

Renee Choy Ohlendorf (SBN: 263939)

5 HINSHAW & CULBERTSON LLP

11601 Wilshire Boulevard

6 Suite 800

Los Angeles, CA 90025

7 Telephone: [phone]

Facsimile: [phone]

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Attorneys for Defendants

9 Resurgent Capital Services L.P. and

LVNV Funding LLC

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DISTRICT
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DONNA GARCIA,
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)
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Plaintiff,
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v.
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RESURGENT CAPITAL SERVICES )
L.P.,LVNV FUNDING, LLC, THE
)
BRACHFELD LAW GROUP, P.C. aka )
BRACHFELD & ASSOCIATES, P.C. )
and DOES 1-10,
)
)
Defendants.
)
)
)

Case No.:

CV11-01253 PSG

STIPULATION TO EXTEND TIME
TO RESPOND TO PLAINTIFF’S
INITIAL COMPLAINT (L.R. 6-1) ; ORDER
Complaint Filed: March 15, 2011
Complaint Served: March 28, 2011
Current Response Date: April 18, 2011
New Response Date: April 25, 2011

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TO THIS HONORABLE COURT, ALL PARTIES, AND THEIR

24 ATTORNEYS OF RECORD:
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Plaintiff DONNA GARCIA and Defendants (“Resurgent”) and LVNV

26 FUNDING LLC (“LVNV”), by and through their respective attorneys of record, and
27 pursuant to F.R.C.P. 6(b) and Local Rule 6-1, do hereby agree and stipulate as
28 follows:
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STIPULATION TO EXTEND TIME TO RESPOND TO PLAINTIFF’S INITIAL COMPLAINT
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WHEREAS, Plaintiff filed the Complaint in the above-captioned lawsuit on
March 15, 2011;
WHEREAS, Plaintiff served the Summons and Complaint on Defendants on
March 28, 2011;
WHEREAS, Defendants are to answer or otherwise plead on or before April
18, 2011;
IT IS STIPULATED that Defendants RESURGENT CAPITAL SERVICES
L.P. and LVNV FUNDING LLC are hereby granted an extension of time of seven (7)
days within which to answer or otherwise respond to Plaintiff’s Complaint, or up to
and including April 25, 2011.

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12 DATED: April 18, 2011

HINSHAW & CULBERTSON LLP

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By: s/Renee Choy Ohlendorf, Esq.
Renee Choy Ohlendorf
Attorneys for Defendants Resurgent Capital
Services L.P. and LVNV Funding LLC

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17 DATED: April 18, 2011
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By: s/Ronald Wicox, Esq_______
Ronald Wilcox
Attorneys for Plaintiff
Donna Garcia

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IT IS SO ORDERED:
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R NIA

. Chen

S

LI

ER

FO

ward M

d
Judge E

A

H

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RT

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ERED

O ORD
IT IS S

NO

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UNIT
ED

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_________________
Edward M. Chen
U.S. Magistrate Judge

RT
U
O

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ISTRIC
ES D
TC
AT
T

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F
D IS T IC T O
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STIPULATION TO EXTEND TIME TO RESPOND TO PLAINTIFF’S INITIAL COMPLAINT
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PROOF OF SERVICE

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Donna Garcia v. Resurgent Capital Services L.P. et al.
Civil Action No. CV11-01253

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the county of Los Angeles, State of California. I am over the
age of 18 and not a party to the within actions. My business address is 11601
6 Wilshire Boulevard, Suite 800, Los Angeles, CA 90025.
On [[NOT AUTO DATE]]____________, 2011, I served the document(s)
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entitled, *********, on the interested parties in this action by placing true copies
8 thereof enclosed in a sealed envelope(s) addressed as stated below:
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SEE ATTACHED SERVICE/MAILING LIST

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BY MAIL: I deposited such envelope in the mail at Los Angeles, California.
The envelope was mailed with postage fully prepaid. I am readily familiar with this
11 firm’s practice of collection and processing correspondence for mailing. Under that
practice it would be deposited with the U.S. postal service on that same day with
12 postage thereon fully prepaid at Los Angeles, California, in the ordinary course of
business. I am aware that on motion of party served, service is presumed invalid if
13 postal cancellation date or postage meter date is more than 1 day after date of deposit
for mailing in affidavit.
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BY FACSIMILE TRANSMISSION:

I caused a true copy thereof from

15 sending facsimile machine telephone number [phone] to be sent via facsimile

to the above listed names and facsimile numbers and received confirmed transmission

16 reports indicating that this document was successfully transmitted to the parties named
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above.
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VIA OVERNIGHT MAIL:

I deposit such envelope to be placed for

18 collection and handling via UPS following our ordinary business practices. I am

readily familiar with this business’ practice for collecting and processing

19 correspondence for UPS. On the same day that material is placed for collection, it is
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picked by UPS at Los Angeles, California.
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BY HAND DELIVERY:

I delivered by hand each sealed envelope to the

21 addressee(s) mentioned in the attached service/mailing list.
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BY ELECTRONIC SERVICE):
I caused such document(s) to be
transmitted electronically to the e-mail address(es) of the person(s) set forth on the
23 attached service list.
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I declare under penalty of perjury under the laws of the United States that the
above true and correct and was executed on _________, 2011, at Los Angeles,
25 California.
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PROOF OF SERVICE
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SERVICE/MAILING LIST

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Donna Garcia v. Resurgent Capital Services L.P. et al.
Civil Action No. CV11-01253

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5 Ronald Wilcox, Esq.

Attorneys for PLAINTIFF

1900 The Alameda, Suite 530
6 San Jose, CA 95126
Tel: [phone]
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Email:
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SERVICE/MAILING LIST
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