Ubaldi v. SLM Corporation

Filing 35

STIPULATION AND AMENDED ORDER Continuing Case Management Conference & Submission of Joint Case Management Statement re 34 : Joint Case Management Statement due by 1/24/2012 & Case Management Conference re-set for 1/31/2012 at 10:00 AM in Courtroom E, 15th Floor, San Francisco. Signed by Judge Elizabeth D Laporte on 11/14/2011. (kns, COURT STAFF) (Filed on 11/14/2011)

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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]
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
AMENDED
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND
SUBMISSION OF JOINT CASE
MANAGEMENT STATEMENT
[Local Rule 6-1(a)]
[Declaration of David W. Moon filed
concurrently]

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WHEREAS, on October 7, 2011, Defendant SLM Corporation filed a Motion to Dismiss

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Plaintiff’s First Amended Complaint for failure to state a claim pursuant to Fed. R. Civ. P.

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12(b)(6), which is currently set for hearing on December 13, 2011;

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WHEREAS, a Case Management Conference is currently set for November 22, 2011;

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WHEREAS, the parties are required to comply with the requirements of Rule 26(a)(1) and

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

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2011;

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-1STIPULATION CONTINUING CMC, etc.
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WHEREAS, there has been one prior continuance of the Case Management Conference and
the parties’ submission of their Joint Case Management Statement (Doc. No. 32);
WHEREAS, there have been three other prior extensions of time, once granting Defendant

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additional time to respond to Plaintiff’s Complaint (Doc. 8) and twice continuing the hearing on

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Defendant’s motion to dismiss and granting the parties additional time to file responsive and reply

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briefs (Doc. Nos. 22 and 32);

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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 pending Motion to Dismiss.

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

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(a)

The Case Management Conference set for November 22, 2011 shall be
10:00 a.m.

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continued to January 31, 2012 at 3:00 p.m. in Courtroom E;

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(b)

The parties shall comply with the requirements of Rule 26(a)(1) and file their

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Rule 26(f) Report and Joint Case Management Statement within thirty days after the Court rules on

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the Motion to Dismiss, unless the Motion to Dismiss is granted.

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Dated: November 9, 2011

STROOCK & STROOCK & LAVAN LLP
JULIA B. STRICKLAND
LISA M. SIMONETTI
DAVID W. MOON

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By: /s/ David W. Moon
David W. Moon

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Attorneys for Defendant
SLM CORPORATION

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Dated:

November 9, 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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[PROPOSED] ORDER
PURSUANT TO THE STIPULATION, IT IS SO ORDERED. The Case Management Conference
is continued to January 31, 2012 at 10:00 a.m.
November 14, 2011
Dated: ________________________

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________________________________________
The Honorable Elizabeth D. Laporte

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CERTIFICATION

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I hereby certify that, on November 9, 2011, copies of the foregoing STIPULATION AND

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[PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND

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SUBMISSION OF JOINT CASE MANAGEMENT STATEMENT were filed electronically

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and served by U.S. Mail on anyone unable to accept electronic filing. Notice of this filing will be

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sent by e-mail to all parties by operation of the court’s electronic filing system or by facsimile to

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anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties

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may access this filing through the court’s EM/ECF System.

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By:

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/s/ David W. Moon
David W. Moon

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