Fazio v. Experian Information Solutions, Inc., et al

Filing 59

ORDER granting 58 STIPULATION WITH PROPOSED ORDER Extending Defendant's Time to Respond to First Amended Complaint filed by Bank of America, N.A. to 12/28/2012. Signed by Judge Charles R. Breyer on 10/31/2012. (beS, COURT STAFF) (Filed on 11/1/2012)

Case3:12-cv-00497-CRB Document58 Filed10/29/12 Page1 of 4

Bryan Cave LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105

1 STEBURG LAW FIRM
Anita L. Steburg, California Bar No. 245933
2 1798 Technology Drive, Suite 258
San Jose, CA 95110
[phone]
3 Telephone:
Facsimile:
[phone]
[e-mail]
4 E-Mail:
5 Attorneys for Plaintiff
JAMES N. FAZIO
6
BRYAN CAVE LLP
7 C. Scott Greene, California Bar No. 277445
Bahareh Mostajelean, California Bar No. 258903
8 Gerald S. Richelson, California Bar No. 267705
560 Mission Street, 25th Floor
9 San Francisco, CA 94105
Telephone:
[phone]
[phone]
10 Facsimile:
E-Mail:
[e-mail]
[e-mail]
11
[e-mail]
12
Attorneys for Defendant
13 BANK OF AMERICA, N.A.
14

UNITED STATES DISTRICT COURT

15

FOR THE NORTHERN DISTRICT OF CALIFORNIA

16
JAMES N. FAZIO, an individual,

Case No. CV12-00497-CRB

17
Plaintiff,
18
v.
19
EXPERIAN INFORMATION SOLUTIONS,
20 INC.; TRANS UNION L.L.C.; EQUIFAX
INFORMATION SERVICES, L.L.C.; BANK
21 OF AMERICA, N.A. AS SUCCESSOR BY
MERGER TO BAC HOME LOANS
22 SERVICING, LP;

JOINT STIPULATION EXTENDING
DEFENDANTS’ TIME TO RESPOND TO
FIRST AMENDED COMPLAINT AND
[PROPOSED] ORDER
The Honorable Charles R. Breyer
Complaint Filed:
Trial Date:

January 31, 2012
Not Assigned

Defendants.

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109412.1

JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

Case3:12-cv-00497-CRB Document58 Filed10/29/12 Page2 of 4

STIPULATION

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2

Defendant Bank of America, N.A. (“Defendant”), and Plaintiff James Fazio (“Plaintiff”),

3 by and through their counsel of record, hereby stipulate and agree as follows:
4

1.

Plaintiff filed a First Amended Complaint for Violations of Fair Credit Reporting

5 Act (15 U.S.C. 1681) (“FAC”) on July 11, 2012.
6

2.

Defendant was served with the FAC electronically on the same day, thereby setting

7 the deadline to respond at July 30, 2012.
8

3.

The parties have renewed discussions of settlement possibilities as an alternative to

9 further litigation.
Bryan Cave LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105

10

4.

The parties have previously agreed that instead of responding to the FAC on July

11 30, 2012, Defendant’s time to file and serve a response to the Complaint was extended 30 days to
12 August 29, 2012.
13

4.

The parties additionally agreed that Defendant’s time to file and serve a response to

14 the First Amended Complaint was extended 61 days to October 29, 2012.
15

5.

The Parties have made significant progress in their settlement discussions and hope

16 to resolve this matter in the near future.
17

6.

In order to continue the current settlement discussions, reduce cost of litigation for

18 both parties, and potentially unburden the Court’s docket, the parties have agreed to stipulate to an
19 additional extension of time for Defendant to respond to the FAC. Thus, instead of responding to
20 the FAC on October 29, 2012, the parties agree that Defendant’s time to file and serve a response
21 to the Complaint is extended 60 days to December 28, 2012.
22

7.

The stipulation will not result in prejudice to any party and its impact on judicial

23 proceedings is not expected to be significant.
24

8.

Nothing in this stipulation shall constitute a waiver of any arguments or defenses

25 that Defendant or Plaintiff may wish to assert in their pleadings, all of which are expressly
26 reserved.
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109412.1109412.1Error! Unknown document property name.
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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

Case3:12-cv-00497-CRB Document58 Filed10/29/12 Page3 of 4

1

IT IS SO STIPULATED.

2 Dated: October 29, 2012

STEBURG LAW FIRM

3
4
By:

/s/ Anita Steburg
Anita Steburg
Attorney for Plaintiff
JAMES N. FAZIO

5
6
7
8 Dated: October 29, 2012

10

BRYAN CAVE LLP
C. Scott Green
Bahareh Mostajelean
Gerald S. Richelson

11

By:

Bryan Cave LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105

9

12
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/s/ Gerald S. Richelson
Gerald S. Richelson
Attorneys for Defendant
BANK OF AMERICA, N.A.

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

Case3:12-cv-00497-CRB Document58 Filed10/29/12 Page4 of 4

[PROPOSED] ORDER

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2

Having reviewed the stipulation of Plaintiff JAMES N. FAZIO and Defendant BANK OF

3 AMERICA, N.A. and good cause appearing, the deadline for Defendant to respond to Plaintiff’s
4 First Amended Complaint is extended 6 days from October 29, 2012 to December 28, 2012.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Bryan Cave LLP
560 Mission Street, 25th Floor
San Francisco, CA 94105

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The Honorable Charles R. Breyer
United States District CourtD
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Oct. 31, 2012
7 Dated: _______________

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

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