Ubaldi v. SLM Corporation
Filing
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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)
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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
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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 CASE
MANAGEMENT CONFERENCE AND
SUBMISSION OF JOINT CASE
MANAGEMENT STATEMENT
[Local Rule 6-1(a)]
[Declaration of Lisa M. Simonetti 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 was heard on December 13, 2011;
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WHEREAS, a ruling on the pending Motion to Dismiss has not been entered;
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WHEREAS, pursuant to the Stipulation and Amended Order Continuing Case Management
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Conference and Submission of Joint Case Management Statement filed on November 14, 2011 (the
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“November Stipulation”), a Case Management Conference is currently set for January 31, 2012;
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-1STIPULATION CONTINUING CMC, etc.
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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
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additional time to respond to Plaintiff’s Complaint (Doc. 8) and two continuing the hearing on
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Defendant’s motion to dismiss and granting the parties additional time to file briefs (Doc. Nos. 22
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and 32); and
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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:
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(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;
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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, as previously ordered by the Court
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through the November Stipulation.
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Dated: January 20, 2012
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STROOCK & STROOCK & LAVAN LLP
JULIA B. STRICKLAND
LISA M. SIMONETTI
DAVID W. MOON
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By:
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/s/ Lisa M. Simonetti
Lisa M. Simonetti
Attorneys for Defendant
SLM CORPORATION
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Dated: January 20, 2012
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LAW OFFICES OF JANET LINDNER
SPIELBERG
JANET LINDNER SPIELBERG
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By:
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/s/ Janet Lindner Speilberg
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.
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January 23, 2012
Dated: ________________________
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________________________________________
The Honorable Elizabeth D. Laporte
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