Bradshaw et al v. SLM Corporation et al

Filing 44

ORDER GRANTING 43 STIPULATION Extending Time For Defendants To Respond To Plaintiffs' Second Amended Complaint. Signed by Judge JEFFREY S. WHITE on 2/26/14. (jjoS, COURT STAFF) (Filed on 2/26/2014)

Case3:12-cv-06376-JSW Document43 Filed02/24/14 Page1 of 5

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STROOCK & STROOCK & LAVAN LLP
LISA M. SIMONETTI (State Bar No. 165996)
[e-mail]
DAVID W. MOON (State Bar No. 197711)
[e-mail]
JOANN M. NGUYEN (State Bar No. 254479)
[e-mail]
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,

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Plaintiff,
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v.
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SLM CORPORATION, a Delaware
corporation; and SALLIE MAE, INC., a
Delaware corporation,

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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 RESPOND TO
PLAINTIFFS’ SECOND AMENDED
COMPLAINT
Action Filed: December 17, 2012
[Local Rule 6-1(b)]
[Declaration of Joann M. Nguyen filed
concurrently]

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO
PLAINTIFFS’ SECOND AMENDED COMPLAINT
LA 51729804
Case No. CV-12-6376-JSW

Case3:12-cv-06376-JSW Document43 Filed02/24/14 Page2 of 5

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WHEREAS, on December 17, 2012, plaintiffs Andrew Bradshaw, Tanif Stephenson, Adam

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

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Declaratory and Injunctive Relief and Damages For (1) Aiding and Abetting Fraud, (2) Mistake of

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Fact, (3) Unjust Enrichment, (4) Violations of the California Unfair Competition Law, and (5)

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Violations of the Oklahoma Consumer Protection Act (“Complaint”) on December 17, 2012

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(Docket No. 1);

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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WHEREAS, Plaintiffs filed their First Amended Class Action Complaint (“FAC”) on
February 4, 2013 (Docket No. 11);
WHEREAS, the Court granted a motion to dismiss the FAC with leave to amend (Docket
No. 31);
WHEREAS, Plaintiffs prepared a Second Amended Class Action Complaint (“SAC”) that

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included two additional claims and re-plead the claims that were the subject of the FAC, and on

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November 15, 2103, filed a motion for leave to amend to add the additional claims and attached the

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draft SAC;

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WHEREAS, Defendants opposed the motion for leave to amend the SAC on grounds that
the additional claims, as pled, were futile;
WHERAS, on February 2, 2014, the Court granted the motion for leave to amend (Docket
No. 41);
WHEREAS, pursuant to the Court’s Order issued on February 2, 2014, Plaintiffs filed their
SAC on February 11, 2014. (Docket No. 42);

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WHEREAS, Defendants’ response to the SAC currently is due on February 28, 2014;

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WHEREAS, due to Defendants’ counsel’s vacation schedule and Defendants’ need to

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evaluate the allegations, Plaintiffs have agreed to grant Defendants an extension of time to file their

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response to the SAC up to and including March 31, 2014;

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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;
WHEREAS, this Stipulation is made in good faith and not for purposes of delay; and

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-1STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO
PLAINTIFFS’ SECOND AMENDED COMPLAINT
LA 51729804
Case No. CV-12-6376-JSW

Case3:12-cv-06376-JSW Document43 Filed02/24/14 Page3 of 5

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WHEREAS, good cause exists for the foregoing modifications to the case schedule to

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provide the Defendants with additional time to prepare their response due to Defendants’ counsel’s

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vacation schedule.

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IT IS HEREBY STIPULATED by and between the parties, through their respective counsel
of record that Defendants’ response to the SAC shall be filed and served by March 31, 2014.

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Dated: February 24, 2014

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STROOCK & STROOCK & LAVAN LLP
LISA M. SIMONETTI
DAVID W. MOON
JOANN M. NGUYEN
By:

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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/s/ Joann M. Nguyen
Joann M. Nguyen

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Attorneys for Defendants
SLM CORPORATION and SALLIE MAE,
INC.

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Dated: February 24, 2014
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WOLF LEGAL, P.C.
ADAM B. WOLF
TRACEY DEMMON BERGER

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GREENFIELD SULLIVAN DRAA &
HARRINGTON LLP
CHRISTOPHER D. SULLIVAN
MATTHEW R. SCHULTZ

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By:

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/s/ Adam B. Wolf
Adam B. Wolf

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Attorneys for Plaintiffs
ANDREW BRADSHAW, TANIF
STEPHENSON, ADAM CORRIVEAU,
and JESELL GONZALEZ

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ATTESTATION
I, Joann M. Nguyen, am the ECF user whose identification and password are being used to
file this Stipulation. I hereby attest that Adam B. Wolf has concurred in this filing.

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/s/ Joann M. Nguyen
Joann M. Nguyen

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-2STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO
PLAINTIFFS’ SECOND AMENDED COMPLAINT
LA 51729804
Case No. CV-12-6376-JSW

Case3:12-cv-06376-JSW Document43 Filed02/24/14 Page4 of 5

[PROPOSED] ORDER

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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February 26, 2014
Dated: ________________________

_______________________________________
The Honorable Jeffrey S. White

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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-3STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO
PLAINTIFFS’ SECOND AMENDED COMPLAINT
LA 51729804
Case No. CV-12-6376-JSW