Amirhamzeh v. Wells Fargo Bank, N.A. et al

Filing 41

Order as Modified by Hon. Vince Chhabria granting 40 Stipulation to Extend Time to File Opposition and Reply and Resetting the Motion Hearing and Case Management Conference.(knm, COURT STAFF) (Filed on 8/22/2014)

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FARRAH MIRABEL (162933)
LAW OFFICES OF FARRAH MIRABEL
4590 MacArthur Blvd., Suite 280
Newport Beach, CA 92660
Tel. [phone]
Fax [phone]
[e-mail]

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J. KIRK DONNELLY (179401)
LAW OFFICES OF J. KIRK DONNELLY, APC
7668 El Camino Real, Suite 104-760
Carlsbad, CA 92009
Tel. [phone]
Fax [phone]
[e-mail]

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Counsel for Plaintiff ASHLEY AMIRHAMZEH

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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ASHLEY AMIRHAMZEH,
CASE NO. 14-CV-02123-VC
individually, and on behalf of all others
similarly situated,
STIPULATED REQUEST FOR
Plaintiffs,
ORDER CHANGING TIME;
v.
AS
[PROPOSED] ORDER; MODIFIED
DECLARATION OF FARRAH
MIRABEL IN SUPPORT
WELLS FARGO BANK, N.A.,
TRILEGIANT CORPORATION, a
Delaware Corporation, and DOES 1
through 20, inclusive,
Defendants.

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Pursuant to Local Rules 6-1 and 6-2, and as supported by the Declaration of
Farrah Mirabel filed herewith, Plaintiff Ashley Amirhamzeh, on behalf of all others

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similarly situated (collectively “Plaintiff”), on the one hand, and Defendants Wells

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Fargo Bank, N.A. ( “Wells Fargo”) and Trilegiant Corporation (“Trilegiant”)

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(collectively, "Defendants"), by and through their undersigned counsel, hereby

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STIPULATED REQUEST FOR ORDER CHANGING TIME

CASE NO. 14-CV-02123-VC

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stipulate and respectfully request that the Court extend the deadline for Plaintiff to

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file oppositions to Wells Fargo’s Motion to Compel Arbitration and Stay

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Proceedings (“Motion to Compel and Stay”) and Trilegiant’s Motion to Dismiss or

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Stay the Case and Compel Arbitration, or in the alternative, to Dismiss Pursuant to

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Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (“Motion to Dismiss or Stay”) (collectively

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referred to as the “Motions” or the “Defendants’ Motions”). The parties declare in

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support of this request:
WHEREAS, the Defendants filed their Motions and effectuated service on

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Plaintiff on August 8, 2014, making Plaintiff’s opposition briefs due on August 22,
2014 pursuant to Local Rule 7-3;

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WHEREAS, a Case Management Conference (“CMC”) is currently

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scheduled for September 23, 2014 at 10:00 a.m., with a Joint Case Management

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Statement to be filed no later than September 16, 2014;
WHEREAS, in its order of July 24, 2014, this Court indicated that if the

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parties file any motions prior to September 16, 2014, the parties may stipulate to

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continue the CMC currently set for September 23, 2014, to the time and date of the

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hearings of such motions;
WHEREAS, the hearings on the Defendants’ Motions are currently set for

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October 2, 2014;
WHEREAS, Plaintiff requires additional time to prepare her opposition

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briefs. The reason for the requested enlargement of time is due to the recent death

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of an immediate family member of Plaintiff’s counsel Farrah Mirabel;
WHEREAS, this is Plaintiff’s first request for an extension of time to file her

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opposition briefs to the Defendants’ Motions;
WHEREAS, the parties have met and conferred and Defendants do not

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oppose Plaintiff’s request for an additional twenty-one (21) days within which to

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file her opposition briefs; and

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STIPULATED REQUEST FOR ORDER CHANGING TIME

CASE NO. 14-CV-02123-VC

WHEREAS, the parties believe it would be most efficient to continue the

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CMC and all other deadlines set forth in the Initial Case Management Scheduling

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Order, pending the hearing on the Motions.
NOW, THEREFORE, pursuant to Local Rule 6-2, the parties through their

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respective attorneys stipulate as follows:
1. Plaintiff shall have up to and including September 12, 2014, to file her

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opposition briefs to Wells Fargo’s Motion to Compel Arbitration and Stay

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Proceedings and Trilegiant’s Motion to Dismiss or Stay the Case and Compel

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Arbitration, or in the alternative, to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1)

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and 12(b)(6);
2. Defendants shall have up to and including September 26, 2014, to file

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their reply briefs;
3. The hearing on Defendants' Motions currently set for October 2, 2014,

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will be continued to October 16, 2014, at 10:00 a.m., or such date shortly thereafter

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as may be selected by the Court, depending on the Court’s preference and

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availability;
4. The CMC currently set for September 23, 2014, will be continued to the

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hearing date for Defendants’ Motions, or such date shortly thereafter as may be

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selected by the Court, depending on the Court’s preference and availability. All

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other deadlines set forth in the Initial Case Management Scheduling Order,

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including the deadline for the parties to submit a Joint Case Management

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Statement, are continued accordingly.

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STIPULATED REQUEST FOR ORDER CHANGING TIME

CASE NO. 14-CV-02123-VC

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IT IS SO STIPULATED.

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Dated: August 22, 2014

LAW OFFICES OF FARRAH MIRABEL
By:

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LAW
OFFICES
DONNELLY, APC

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By:

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OF

J.

KIRK

s/ J. Kirk Donnelly
J. Kirk Donnelly

Attorneys for Plaintiffs ASHLEY
AMIRHAMZEH, individually and on behalf
of all others similarly situated

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s/ Farrah Mirabel
Farrah Mirabel

Dated: August 22, 2014

HANSON BRIDGETT LLP

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By:

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Dated: August 22, 2014

s/ John T. Cu
John T. Cu
Gilbert J. Tsai
Attorneys for Defendant WELLS
FARGO BANK, N.A.

MORGAN, LEWIS & BOCKIUS LLP

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By:

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s/ Gregory T. Fouts
Joseph E. Floren
Kenneth M. Kilebard
Gregory T. Fouts
Attorneys for Defendant TRILEGIANT
CORPORATION

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STIPULATED REQUEST FOR ORDER CHANGING TIME

CASE NO. 14-CV-02123-VC

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ATTESTATION PER LOCAL CIVIL RULE 5-1(I)(3)
I am a signatory to this document and am the person whose ECF and ID and

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passwords are being utilized in its electronic filing with the Court. I hereby attest

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that concurrence in the filing of this document has been obtained from each of the

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other signatories hereto.
I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct. Executed this 22nd day of August 2014 at Newport
Beach, California.

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s/ Farrah Mirabel
Farrah Mirabel

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STIPULATED REQUEST FOR ORDER CHANGING TIME

CASE NO. 14-CV-02123-VC

[PROPOSED] ORDER AS MODIFIED

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PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING,
THE COURT ORDERS AS FOLLOWS:
Plaintiff shall have up to and including September 12, 2014, to file her
opposition briefs to Defendant Wells Fargo Bank, N.A.’s (“Wells Fargo”) Motion
to Compel Arbitration and Stay Proceedings and Defendant Trilegiant
Corporation’s (“Trilegiant”) Motion to Dismiss or Stay the Case and Compel
Arbitration, or in the alternative, to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1)
and 12(b)(6) (collectively referred to as “Defendants’ Motions”). Defendants shall
have up to and including September 26, 2014, to file their reply briefs in support of
their motions.
The hearing on Defendants’ Motions currently set for October 2, 2014, at

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10:00 a.m., will be continued to 10:00 a.m. on October 16, 2014.(or ___________,

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2014 [an alternate date as selected by the Court, depending on the Court’s
preference and availability]);

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Scheduling Order, including the deadline for the parties to submit a Joint Case
Management Statements, are continued accordingly.
IT IS SO ORDERED.

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DATED:

August 22, 2014

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RT
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O

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S DISTRICT
TE
C
TA

ERED
O ORD D
IT IS S
IFIE
S MOD
A

R NIA

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preceding paragraph. All other deadlines set forth in the Initial Case Management

NO

Hon. Vince Chhabria br ia
ce C ha
United States DistricthJudge
d g e Vi n
Ju
RT

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ER

H

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[PROPOSED] ORDER CHANGING TIME

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will be continued to the hearing date for Defendants’ Motions as set forth in the

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October 28, 2014, at 10:00 a.m.

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The case management conference currently set for September 23, 2014,

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UNIT
ED

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N

D IS T IC T
R

OF

C

CASE NO. 14-CV-02123-VC

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FARRAH MIRABEL (162933)
LAW OFFICES OF FARRAH MIRABEL
4590 MacArthur Blvd., Suite 280
Newport Beach, CA 92660
Tel. [phone]
Fax [phone]
[e-mail]

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J. KIRK DONNELLY (179401)
LAW OFFICES OF J. KIRK DONNELLY, APC
7668 El Camino Real, Suite 104-760
Carlsbad, CA 92009
Tel. [phone]
Fax [phone]
[e-mail]

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Counsel for Plaintiff ASHLEY AMIRHAMZEH

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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ASHLEY AMIRHAMZEH,
CASE NO. 14-CV-02123-VC
individually, and on behalf of all others
similarly situated,
DECLARATION OF FARRAH
Plaintiffs,
MIRABEL IN SUPPORT OF
v.
STIPULATED REQUEST FOR
ORDER CHANGING TIME
WELLS FARGO BANK, N.A.,
TRILEGIANT CORPORATION, a
[Local Rule 6-2]
Delaware Corporation, and DOES 1
through 20, inclusive,
Defendants.

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I, Farrah Mirabel, declare as follows:
1. I am the principal attorney of the Law Offices of Farrah Mirabel and an

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attorney of record for Plaintiff Ashley Amirhamzeh, individually and on behalf of

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all others similarly situated (collectively “Plaintiff”). The matters within this

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declaration are true of my personal knowledge or, where stated otherwise, upon

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information and belief.
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DECL. MIRABEL ISO STIPULATED REQUEST

CASE NO. 14-CV-02123-VC

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2. The parties to this case are submitting a stipulated request for an order

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modifying the briefing schedule on Defendants Wells Fargo’s Motion to Compel

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Arbitration and Stay Proceedings and Trilegiant’s Motion to Dismiss or Stay the

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Case and Compel Arbitration, or in the alternative, to Dismiss Pursuant to Fed. R.

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Civ. P. 12(b)(1) and 12(b)(6), (collectively referred to as the “Motions”).

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3. Pursuant to the stipulated request, Plaintiff’s opposition brief would be due
September 12, 2014, and Defendants’ reply briefs in support of their motions would
be due on September 26, 2014.
4. The Motions are currently set to be heard on October 2, 2014, at 10:00 a.m.
In order to ensure that the Court has sufficient time to review the parties’ respective
briefs, both parties stipulate and respectfully request a continuance of the hearing
date from October 2, 2014, to October 16, 2014, at 10:00 a.m., or such date shortly

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thereafter as may be selected by the Court, depending on the Court’s preference and

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availability.

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5. This request is made for good cause. I recently suffered the loss of an

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immediate family member and I am experiencing great grief and sorrow. An

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enlargement of time would enable the parties to provide better briefing to assist the

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Court in resolving the Motions. The parties stipulate to this request.

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6. The previous modifications of time in this case are as follows:
On July 7, 2014, the Court endorsed the parties’ stipulation

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a.

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extending the time for Defendants to respond to Plaintiffs First Amended

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Complaint. Doc. 17.

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b.

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On July 24, 2014, upon the parties’ stipulated request, the Court

continued a Case Management Conference from August 12, 2014, to
September 23, 2014. Docs. 18, 19. In its order, this Court indicated that if
the parties file any motions prior to the due date of the Joint Case
Management Statement, the parties may stipulate to continue the Case
Management Conference currently set for September 23, 2014, to the time
and date of the hearings of Defendants’ Motions.

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DECL. MIRABEL ISO STIPULATED REQUEST

CASE NO. 14-CV-02123-VC

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7. The parties believe it would be most efficient to continue the Case

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Management Conference, currently scheduled for September 23, 2014, and all other

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deadlines set forth in the Initial Case Management Scheduling Order pursuant to

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Pursuant to this Court’s order of July 24, 2014.

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8. This proposed modification of time will impact the hearing date on the
Defendants’ Motions currently set for October 2, 2014, and the case management
conference currently set for September 23, 2014. All other deadlines set forth in the
Initial Case Management Scheduling Order will also be continued accordingly.
I declare under the penalty of perjury under the laws of the State of
California that the foregoing is true and correct. Executed this 22nd day of August
2014 at Newport Beach, California.

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s/ Farrah Mirabel
Farrah Mirabel

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DECL. MIRABEL ISO STIPULATED REQUEST

CASE NO. 14-CV-02123-VC