Steinfeld v. Discover Financial Services et al

Filing 29

ORDER GRANTING 28 STIPULATION To Continue Deadline For Defendants To Respond To Complaint from October 11, 2012 To December 11, 2012 And Initial Case Management Conference From November 16, 2012 To January 18, 2013. Case Management Statement due by 1/11/2013. Initial Case Management Conference set for 1/18/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 10/15/12. (jjoS, COURT STAFF) (Filed on 10/15/2012)

Case3:12-cv-01118-JSW Document28 Filed10/11/12 Page1 of 5

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STROOCK & STROOCK & LAVAN LLP
JULIA B. STRICKLAND (State Bar No. 83013)
LISA M. SIMONETTI (State Bar No. 165996)
SHANNON E. PONEK (State Bar No. 261135)
2029 Century Park East, Suite 1600
Los Angeles, California 90067-3086
Telephone: [phone]
Facsimile: 310-556-5959
Email: [e-mail]
Attorneys for Defendants
DISCOVER FINANCIAL SERVICES,
DFS SERVICES LLC and DISCOVER BANK

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANDREW STEINFELD, on behalf of himself )
and all others similarly situated,
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Plaintiff,
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vs.
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DISCOVER FINANCIAL SERVICES, DFS
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SERVICES LLC, and DISCOVER BANK,
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Defendants.
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Case No. 3:12-cv-01118-JSW
[Assigned to the Hon. Jeffrey S. White]
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DEADLINE FOR
DEFENDANTS TO RESPOND TO
COMPLAINT FROM OCTOBER 11, 2012
TO DECEMBER 11, 2012 AND INITIAL
CASE MANAGEMENT CONFERENCE
FROM NOVEMBER 16, 2012 TO
JANUARY 18, 2013

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE
DEADLINE TO RESPOND TO COMPLAINT

Case No. 3:12-cv-01118-JSW
LA 51591922v1

Case3:12-cv-01118-JSW Document28 Filed10/11/12 Page2 of 5

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Plaintiff Andrew Steinfeld and Defendants Discover Financial Services, DFS Financial

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Services, LLC, and Discover Bank (collectively, “Defendants”), through their undersigned counsel,

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hereby stipulate as follows:

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WHEREAS, Plaintiff Steinfeld filed his Class Action Complaint for Damages and

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Injunctive Relief Pursuant to 47 U.S.C. § 227, et seq. (Telephone Consumer Protection Act) on

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March 6, 2012;

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WHEREAS, pursuant to Stipulation and Order so that the parties could attend mediation
before the Honorable Carl West (Ret.) of JAMS, the Court set August 16, 2012, as the last day for

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Defendants to file and serve an answer or a motion under Rule 12 of the Federal Rules of Civil

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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Procedure (Dkt. No. 19);
WHEREAS, the Court set an Initial Case Management Conference for September 21, 2012,
at 1:30 p.m. (Dkt. No. 19);
WHEREAS, the parties had constructive sessions on May 31, 2012, and July 10, 2012, and

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follow-up teleconferences with Judge West on July 24, 2012, and August 6, 2012, but were not

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able to finally resolve the matter;

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WHEREAS, the parties scheduled a mediation with Judge West for September 27, 2012 to
continue discussions;
WHEREAS, on August 21, 2012, the Court entered the parties Stipulation and [Proposed]

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Order Regarding Case Schedule and continued the deadline for Defendants to file and serve an

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answer or a motion under Rule 12 of the Federal Rules of Civil Procedure to October 11, 2012 and

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postponed the Initial Case Management Conference until November 16, 2012 (Dkt. No. 20);

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WHEREAS, the parties had a constructive mediation session on September 27, 2012, but
were not able to finally resolve the matter; and
WHEREAS, the parties seek to continue the deadline for Defendants to file and serve an
answer or a motion under Rule 12 of the Federal Rules of Civil Procedure and postpone the Initial

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE
DEADLINE TO RESPOND TO COMPLAINT

Case No. 3:12-cv-01118-JSW
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Case3:12-cv-01118-JSW Document28 Filed10/11/12 Page3 of 5

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Case Management Conference so that they may devote the time to matters that will advance the

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parties’ ability to finally resolve the matter.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Plaintiff

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Steinfeld, by his undersigned counsel, and Defendants, by their undersigned counsel, that the last

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day for Defendants to file and serve an answer or a motion under Rule 12 of the Federal Rules of

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Civil Procedure shall be continued from October 11, 2012 to December 11, 2012. The Initial Case

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Management Conference shall be postponed until January 18, 2013 at 1:30 p.m.

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Dated: October 11, 2012

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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IT IS SO STIPULATED.
STROOCK & STROOCK & LAVAN LLP
By:

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Julia B. Strickland
[e-mail]
Lisa M. Simonetti
[e-mail]
Shannon E. Ponek
[e-mail]
STROOCK & STROOCK & LAVAN LLP
2029 Century Park East, Suite 1600
Los Angeles, CA 90067-3086
Telephone: [phone]
Facsimile: 310-556-5959

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Attorneys for Defendants Discover Financial
Services, DFS Services LLC And Discover Bank

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/s/ Lisa M. Simonetti
Lisa M. Simonetti

Dated: October 11, 2012

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LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
By:

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/s/ Daniel M. Hutchinson
Daniel M. Hutchinson

Daniel M. Hutchinson
[e-mail]
Kristen Law Sagafi
[e-mail]
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: 415-956-1008

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[continued on next page]

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE
DEADLINE TO RESPOND TO COMPLAINT

Case No. 3:12-cv-01118-JSW
LA 51591922v1

Case3:12-cv-01118-JSW Document28 Filed10/11/12 Page4 of 5

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LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
Jonathan D. Selbin
[e-mail]
250 Hudson Street, 8th Floor
New York, NY 10013
Telephone: [phone]
Facsimile: 212-355-9592

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MEYER WILSON CO., LPA
David P. Meyer (pro hac vice application to be filed)
Matthew R. Wilson (admitted pro hac vice)
[e-mail]
1320 Dublin Road, Suite 100
Columbus, OH 43215
Telephone: [phone]
Facsimile: 614-224-6066

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CASEY GERRY SCHENK FRANCAVILLA BLATT
& PENFIELD LLP
Mark Ankcorn (State Bar No. 166871)
[e-mail]
110 Laurel Street
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619-544-9232

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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TERRELL MARSHALL DAUDT & WILLIE PLLC
Beth E. Terrell (State Bar No. 178181)
[e-mail]
936 North 34th Street, Suite 400
Seattle, WA 98103-8869
Telephone: [phone]
Facsimile: 206-350-3528

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Attorneys for Plaintiff Steinfeld and the Proposed Class

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[PROPOSED] ORDER
FOR GOOD CAUSE APPEARING AND PURSUANT TO THE STIPULATION, IT
IS SO ORDERED.

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October 15, 2012
Dated:________________________

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__________________________________________
Hon. Jeffrey S. White
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE
DEADLINE TO RESPOND TO COMPLAINT

Case No. 3:12-cv-01118-JSW
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CERTIFICATE OF SERVICE

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I hereby certify that, on October 11, 2012, copies of the foregoing STIPULATION AND

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[PROPOSED] ORDER TO CONTINUE DEADLINE FOR DEFENDANTS TO RESPOND

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TO COMPLAINT FROM OCTOBER 11, 2012 TO DECEMBER 11, 2012 AND INITIAL

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CASE MANAGEMENT CONFERENCE FROM NOVEMBER 16, 2012 TO JANUARY 18,

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2013 were filed electronically and served by U.S. Mail on anyone unable to accept electronic

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

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

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

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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By:
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/s/ Lisa M. Simonetti
Lisa M. Simonetti

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE
DEADLINE TO RESPOND TO COMPLAINT

Case No. 3:12-cv-01118-JSW
LA 51591922v1