Ubaldi v. SLM Corporation

Filing 41

STIPULATION AND ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE re 39 . Signed by Magistrate Judge Elizabeth D. Laporte on 1/23/2012. (kns, COURT STAFF) (Filed on 1/23/2012)

Download PDF
1 2 3 4 5 6 7 8 STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND (State Bar No. 83013) jstrickland@stroock.com LISA M. SIMONETTI (State Bar No. 165996) lsimonetti@stroock.com DAVID W. MOON (State Bar No. 197711) dmoon@stroock.com 2029 Century Park East, 18th Floor Los Angeles, California 90067-3086 Telephone: 310-556-5800 Facsimile: 310-556-5959 lacalendar@stroock.com Attorneys for Defendant SLM CORPORATION 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 TINA M. UBALDI, on behalf of herself and all ) others similarly situated, ) ) Plaintiff, ) ) v. ) ) SLM CORPORATION, d/b/a SALLIE MAE, ) INC., d/b/a/ SALLIE MAE SERVICING, a ) Delaware corporation, ) ) Defendant. ) ) ) ) ) ) Case No. 3:11-cv-01320 EDL STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SUBMISSION OF JOINT CASE MANAGEMENT STATEMENT [Local Rule 6-1(a)] [Declaration of Lisa M. Simonetti filed concurrently] 20 21 WHEREAS, on October 7, 2011, defendant SLM Corporation filed a Motion to Dismiss 22 Plaintiff’s First Amended Complaint for failure to state a claim pursuant to Fed. R. Civ. P. 23 12(b)(6), which was heard on December 13, 2011; 24 WHEREAS, a ruling on the pending Motion to Dismiss has not been entered; 25 WHEREAS, pursuant to the Stipulation and Amended Order Continuing Case Management 26 Conference and Submission of Joint Case Management Statement filed on November 14, 2011 (the 27 “November Stipulation”), a Case Management Conference is currently set for January 31, 2012; 28 -1STIPULATION CONTINUING CMC, etc. Case No. 3:11-cv-01320 EDL LA 51477515v1 1 2 3 4 5 WHEREAS, since the Motion to Dismiss remains pending, and it potentially is dispositive, the parties ask the Court for a continuance of the Case Management Conference; WHEREAS, there has been one prior continuance of the Case Management Conference (Doc. No. 35); WHEREAS, there have been three other prior extensions of time, one granting Defendant 6 additional time to respond to Plaintiff’s Complaint (Doc. 8) and two continuing the hearing on 7 Defendant’s motion to dismiss and granting the parties additional time to file briefs (Doc. Nos. 22 8 and 32); and 9 10 11 WHEREAS, this Stipulation is made in good faith and not for purposes of delay. IT IS HEREBY STIPULATED by and between the parties, through their respective counsel of record, as follows: 12 13 (a) The Case Management Conference set for January 31, 2012 shall be continued to March 22, 2012 at 10:00 a.m. in Courtroom E; 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2STIPULATION CONTINUING CMC, etc. Case No. 3:11-cv-01320 EDL LA 51477515v1 1 (b) The parties shall comply with the requirements of Rule 26(a)(1) and file their 2 Rule 26(f) Report and Joint Case Management Statement within thirty days after the Court rules on 3 the Motion to Dismiss, unless the Motion to Dismiss is granted, as previously ordered by the Court 4 through the November Stipulation. 5 6 Dated: January 20, 2012 7 STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND LISA M. SIMONETTI DAVID W. MOON 8 9 By: 10 /s/ Lisa M. Simonetti Lisa M. Simonetti Attorneys for Defendant SLM CORPORATION 11 12 13 Dated: January 20, 2012 14 LAW OFFICES OF JANET LINDNER SPIELBERG JANET LINDNER SPIELBERG 15 By: 16 /s/ Janet Lindner Speilberg Janet Lindner Spielberg 17 Attorneys for Plaintiff TINA M. UBALDI 18 19 20 21 [PROPOSED] ORDER PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 22 23 January 23, 2012 Dated: ________________________ 24 ________________________________________ The Honorable Elizabeth D. Laporte 25 26 27 28 -3STIPULATION CONTINUING CMC, etc. Case No. 3:11-cv-01320 EDL LA 51477515v1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?