Bradshaw et al v. SLM Corporation et al

Filing 16

ORDER GRANTING AS MODIFIED 15 STIPULATION Extending Time. Case Management Statement due by 7/19/2013. Case Management Conference set for 7/26/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Motion Hearing set for 5/31/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 3/25/13. (jjoS, COURT STAFF) (Filed on 3/25/2013)

Case3:12-cv-06376-JSW Document15 Filed03/20/13 Page1 of 5

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STROOCK & STROOCK & LAVAN LLP
JULIA B. STRICKLAND (State Bar No. 083013)
LISA M. SIMONETTI (State Bar No. 165996)
KRISTINA A. DEL VECCHIO (State Bar No. 283782)
2029 Century Park East
Los Angeles, CA 90067-3086
Telephone: [phone]
Facsimile: 310-556-5959
Email:
[e-mail]

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Attorneys for Defendants
SLM CORPORATION and SALLIE MAE, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANDREW BRADSHAW, TANIF
STEPHENSON, ADAM CORRIVEAU, and
JESELL GONZALEZ, on behalf of themselves
and similarly situated individuals,
Plaintiff,
v.
SLM CORPORATION, a Delaware
corporation; and SALLIE MAE, INC., a
Delaware corporation,
Defendants.

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Case No. CV-12-6376-JSW
[Assigned to the Hon. Jeffrey S. White]
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
DEFENDANTS TO MOVE TO DISMISS
PLAINTIFFS’ COMPLAINT, SETTING
BRIEFING SCHEDULE ON MOTION TO
DISMISS, STAYING DISCOVERY AND
CONTINUING CASE MANAGEMENT
CONFERENCE
Action Filed: December 17, 2012
[Local Rule 6-1(b)]
[Declaration of Lisa M. Simonetti filed
concurrently]

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO MOVE TO DISMISS
PLAINTIFFS’ COMPLAINT, SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS, STAYING
DISCOVERY AND CONTINUING CASE MANAGEMENT CONFERENCE
LA 51633935
Case No. CV-12-6376-JSW

Case3:12-cv-06376-JSW Document15 Filed03/20/13 Page2 of 5

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WHEREAS, plaintiffs Andrew Bradshaw, Tanif Stephenson, Adam Corriveau and Jesell

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Gonzalez (“Plaintiffs”) filed their Class Action Complaint for Equitable, Declaratory and

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Injunctive Relief and Damages For (1) Aiding and Abetting Fraud, (2) Mistake of Fact, (3) Unjust

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Enrichment, (4) Violations of the California Unfair Competition Law, and (5) Violations of the

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Oklahoma Consumer Protection Act (“Complaint”) on December 17, 2012;

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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WHEREAS, on or about January 16, 2013, the Complaint was served on defendants SLM
Corporation and Sallie Mae, Inc. (“Defendants”);
WHEREAS, Plaintiffs filed their First Amended Class Action Complaint (“FAC”) on
February 4, 2013;
WHEREAS, on or about February 4, 2013, counsel for Defendants agreed to accept service
of the FAC on behalf of Defendants;

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WHEREAS, Defendants’ response to the FAC currently is due on March 22, 2013;

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WHEREAS, Plaintiffs have agreed to grant Defendants an extension of time to file a

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response to the FAC up to and including March 29, 2013;
WHEREAS, Defendants have notified Plaintiffs of their intent to file a Motion to Dismiss
the FAC;
WHEREAS, the parties have agreed on a proposed briefing schedule for Defendants’
Motion to Dismiss;

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WHEREAS, a Case Management Conference is currently set for April 19, 2013;

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WHEREAS, to conserve judicial resources, the parties have further agreed to stay discovery

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and other proceedings until after the hearing on the Motion to Dismiss;
WHEREAS, pursuant to Civil Local Rules 6-1(b) and 6-2, the parties may request an order
changing a deadline that would extend deadlines set forth in the Local Rules or Federal Rules;

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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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-1STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO MOVE TO DISMISS
PLAINTIFFS’ COMPLAINT, SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS, STAYING
DISCOVERY AND CONTINUING CASE MANAGEMENT CONFERENCE
LA 51633935
Case No. CV-12-6376-JSW

Case3:12-cv-06376-JSW Document15 Filed03/20/13 Page3 of 5

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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 motion to dismiss.
IT IS HEREBY STIPULATED by and between the parties, through their respective counsel

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of record, as follows:

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(a)

Defendants’ Motion to Dismiss shall be filed and served by March 29, 2013;

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(b)

Plaintiffs’ Opposition to the Motion to Dismiss shall be filed and served by May 3,

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2013, and Defendants’ Reply shall be filed and served by May 17, 2013;
(c)

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a.m. in Courtroom 11;

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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The date of the hearing on the Motion to Dismiss shall be May 24, 2013, at 9:00

(d)

Pending a ruling on the Motion to Dismiss, all discovery shall be stayed;

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(e)

The Case Management Conference set for April 19, 2013 at 1:30 p.m. shall be

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continued to July 26, 2013, 2013 at 1:30 p.m.;

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-2STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO MOVE TO DISMISS
PLAINTIFFS’ COMPLAINT, SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS, STAYING
DISCOVERY AND CONTINUING CASE MANAGEMENT CONFERENCE
LA 51633935
Case No. CV-12-6376-JSW

Case3:12-cv-06376-JSW Document15 Filed03/20/13 Page4 of 5

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(f)

The parties shall complete initial disclosures or state their objections and file their

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Rule 26(f) Report and Joint Case Management Statement on or before July 19, 2013.

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Dated: March 20, 2013

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By:

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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/s/ Lisa M. Simonetti
Lisa M. Simonetti

Attorneys for Defendants
SLM CORPORATION and SALLIE MAE,
INC.

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STROOCK & STROOCK & LAVAN LLP
JULIA B. STRICKLAND
LISA M. SIMONETTI
KRISTINA A. DEL VECCHIO

Dated: March 20, 2013

WOLF LEGAL, P.C.
ADAM B. WOLF
TRACEY DEMMON BERGER
GREENFIELD SULLIVAN DRAA &
HARRINGTON LLP
CHRISTOPHER D. SULLIVAN
MATTHEW R. SCHULTZ
By:

/s/ Adam B. Wolf
Adam B. Wolf

Attorneys for Plaintiffs
ANDREW BRADSHAW, TANIF
STEPHENSON, ADAM CORRIVEAU,
and JESELL GONZALEZ
[PROPOSED] ORDER
Pursuant to the stipulation, the Court adopts the proposed briefing schedule and continuation of the
PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
case management conference. The hearing on will be held on May 31. 2013. The parties are admonished
that future requests to alter briefing schedules shall be supported by a showing of good cause.
March 25, 2013
Dated: ________________________
_______________________________________
The Honorable Jeffrey S. White

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-3STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO MOVE TO DISMISS
PLAINTIFFS’ COMPLAINT, SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS, STAYING
DISCOVERY AND CONTINUING CASE MANAGEMENT CONFERENCE
LA 51633935
Case No. CV-12-6376-JSW