Ubaldi v. SLM Corporation

Filing 22

ORDER [AS MODIFIED] CONTINUING HEARING AND BRIEFING SCHEDULE on Motion to Dismiss 15 . Hearing set for 9/20/2011 09:00 AM in Courtroom E, 15th Floor, San Francisco Initial Case Management Conference set for 11/22/2011 10:00 AM in Courtroom E, 15th Floor, San Francisco. Signed by Judge Elizabeth D. Laporte on 6/15/2011. (lmh, COURT STAFF) (Filed on 6/15/2011)

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STROOCK & STROOCK & LAVAN LLP
JULIA B. STRICKLAND (State Bar No. 83013)
[e-mail]
LISA M. SIMONETTI (State Bar No. 165996)
[e-mail]
DAVID W. MOON (State Bar No. 197711)
[e-mail]
2029 Century Park East, 18th Floor
Los Angeles, California 90067-3086
Telephone: [phone]
Facsimile: 310-556-5959
[e-mail]

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Attorneys for Defendant
SLM CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TINA M. UBALDI, on behalf of herself and all )
others similarly situated,
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Plaintiff,
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v.
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SLM CORPORATION, d/b/a SALLIE MAE, )
INC., d/b/a/ SALLIE MAE SERVICING, a
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Delaware corporation,
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Defendant.
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Case No. 3:11-cv-01320 EDL
STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING AND
BRIEFING SCHEDULE ON MOTION TO
DISMISS, STAYING DISCOVERY AND
CONTINUING CASE MANAGEMENT
CONFERENCE AS MODIFIED
[Local Rule 6-1(a)]
[Declaration of David W. Moon filed
concurrently]

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WHEREAS, on May 27, 2011, defendant SLM Corporation filed a Motion to Dismiss,
which is set for hearing on July 12, 2011;
WHEREAS, due to scheduling conflicts with the current hearing date and briefing schedule,
the parties have agreed to continue the hearing on the Motion to Dismiss and to adjust the briefing
schedule accordingly;

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-1STIPULATION CONTINUING CMC, etc.
Case No. 3:11-cv-01320 EDL
LA 51425006v1

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WHEREAS, to conserve judicial resources, the parties have further agreed to stay discovery
and other proceedings until after the hearing on the Motion to Dismiss;

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WHEREAS, a Case Management Conference is currently set for June 27, 2011;

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WHEREAS, this Stipulation is made in good faith and not for purposes of delay; and

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WHEREAS, good cause exists for the foregoing modifications to the case schedule because

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it would promote judicial efficiency to stay discovery and to continue the Case Management

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Conference and the parties’ submission of their Joint Case Management Statement until after the

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hearing on the motion to dismiss.

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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IT IS HEREBY STIPULATED by and between the parties, through their respective counsel
of record, as follows:
(a)

The hearing on the Motion to Dismiss shall be continued to September 20, 2011 at

9:00 a.m. in Courtroom E;
(b)

Plaintiff’s Opposition to the Motion shall be filed and served by August 30, 2011,

and defendant’s Reply shall be filed and served by September 6, 2011;

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(c)

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(d)

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Pending a ruling on the Motion to Dismiss, all discovery shall be stayed;

The Case Management Conference set for June 27, 2011 shall be continued to
10:00 a.m.
November 22, 2011 at 3:00 p.m. in Courtroom E; and
(e)

The parties shall complete initial disclosures or state their objections and file their

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Rule 26(f) Report and Joint Case Management Statement on or before November 15, 2011.

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Dated: June 14, 2011

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STROOCK & STROOCK & LAVAN LLP
JULIA B. STRICKLAND
LISA M. SIMONETTI
DAVID W. MOON
By: /s/ David W. Moon
David W. Moon

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Attorneys for Defendant
SLM CORPORATION

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-2STIPULATION CONTINUING CMC, etc.
Case No. 3:11-cv-01320 EDL
LA 51425006v1

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Dated:

June 14, 2011

LAW OFFICES OF JANET LINDNER SPIELBERG
JANET LINDNER SPIELBERG

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By: /s/ Janet Lindner Spielberg
Janet Lindner Spielberg

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Attorneys for Plaintiff
TINA M. UBALDI

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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-3STIPULATION CONTINUING CMC, etc.
Case No. 3:11-cv-01320 EDL
LA 51425006v1

[PROPOSED] ORDER

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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RT
U
O

S

UNIT
ED

The Honorable Elizabeth D. Laporte

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ERED
O ORD D
IT IS S
DIFIE
AS MO

RT

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D
lizabeth
Judge E

ER

2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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A

H

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e

. Laport

NO

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LI

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R NIA

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S DISTRICT
TE
C
________________________________________
TA

June 15, 2011
Dated: ________________________

FO

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F
D IS T IC T O
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C

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-4STIPULATION CONTINUING CMC, etc.
Case No. 3:11-cv-01320 EDL
LA 51425006v1

CERTIFICATION

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I hereby certify that, on June 14, 2011, copies of the foregoing STIPULATION

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CONTINUING HEARING AND BRIEFING SCHEDULE ON MOTION TO DISMISS,

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STAYING DISCOVERY AND CONTINUING CASE MANAGEMENT CONFERENCE

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were filed electronically and served by U.S. Mail on anyone unable to accept electronic filing.

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Notice of this filing will be sent by e-mail to all parties by operation of the court’s electronic filing

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system or by facsimile to anyone unable to accept electronic filing as indicated on the Notice of

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Electronic Filing. Parties may access this filing through the court’s EM/ECF System.
By:

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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/s/ Joseph A. Escarez
Joseph A. Escarez

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-5STIPULATION CONTINUING CMC, etc.
Case No. 3:11-cv-01320 EDL
LA 51425006v1