Consumer Financial Protection Bureau v. Nationwide Biweekly Administration, Inc. et al

Filing 69

STIPULATION AND ORDER Setting Briefing Schedule on Plaintiff's Motion to Strike and Motion to Dismiss. Signed by Judge Richard Seeborg on 2/17/16. (cl, COURT STAFF) (Filed on 2/17/2016)

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ANTHONY ALEXIS (DC Bar #384545)
DEBORAH MORRIS (Admitted to NY Bar)
MICHAEL G. SALEMI (IL Bar # 6279741)
MELANIE HIRSCH (DC Bar #989310)
EDWARD KEEFE (DC Bar #490713)
PATRICK GUSHUE (PA Bar #306966)
[e-mail]
1700 G Street NW
Washington, DC 20552
Phone: [phone]
Fax: [phone]

SEAN E. PONIST (CA SBN 204712)
[e-mail]
GEORGIA Z. SCHNEIDER (CA SBN
251358)
[e-mail]
LAW OFFICES OF SEAN PONIST, P.C.
100 Pine Street, Suite 1250
San Francisco, California 94111
Telephone: [phone]
Fax: [phone]
Attorneys for Defendants Nationwide
Biweekly Administration, Inc., Loan
Payment Administration, LLC, and Daniel
S. Lipsky

Attorneys for Plaintiff
Consumer Financial Protection Bureau

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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13 CONSUMER FINANCIAL
14 PROTECTION BUREAU,
Plaintiff,

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v.

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NATIONWIDE BIWEEKLY
ADMINISTRATION, INC., LOAN
PAYMENT ADMINISTRATION
LLC, AND DANIEL S. LIPSKY,

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Case No. 3:15-cv-02106-RS
JOINT STIPULATION AND [PROPOSED]
ORDER SETTING BRIEFING SCHEDULE
ON PLAINTIFF’S MOTION TO STRIKE
AND MOTION TO DISMISS

Defendants.

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Pursuant to Civil L.R. 6-2 and 7-12 and subject to the Court’s approval, Plaintiff
Consumer Financial Protection Bureau (“Bureau”) and Defendants Nationwide Biweekly
Administration, Inc., Loan Payment Administration LLC, and Daniel S. Lipsky (collectively,
“Defendants”) state, stipulate, and agree as follows:
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On August 31, 2015, the Bureau moved to strike several affirmative defenses set

forth in Defendants’ first amended answer. Dkt. No. 48. The Bureau stipulated to withdraw
that motion, without prejudice, at the request of Defendants’ counsel, who wished to “amend
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Stipulation for Briefing Schedule
Case No. 3:15-cv-02106-RS

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the first amended answer to address concerns therewith and to otherwise clarify defenses to

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the complaint.” Dkt. No. 65.

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2.

On February 2, 2016, Defendants filed a second amended answer that withdrew

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certain defenses and also asserted new affirmative defenses and new counterclaims against the

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Bureau. Dkt. No. 67.

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3.

The Bureau intends to file both a motion to strike several affirmative defenses

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and a motion to dismiss the counterclaims (collectively, “Motions”). Under the Federal Rules of

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Civil Procedure, while the Bureau has 21 days, or until February 23, 2016, to file a motion to

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strike Defendants’ affirmative defenses, it has 60 days, or until April 4, 2016, to file a

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responsive pleading to Defendants’ counterclaim. See Fed. R. Civ. P. 12(a)(2) and 12(f)(2).
4.

Because many of the affirmative defenses concern substantially similar factual

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and legal issues as the counterclaims, the Motions will necessarily involve similar discussions

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of fact and law. Thus, amending relevant deadlines to file the Motions and responses to them

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concurrently would best serve the interests of efficiency and judicial economy by allowing the

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Court to simultaneously consider the merits of each related legal argument.

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5.

Defendants have no objection to this request.

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6.

The parties jointly propose the following briefing schedule:

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a. March 18, 2016: opening briefs on the Motions;

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b. April 8, 2016: Defendants’ responses to the Motions; and

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c. April 15, 2016: the Bureau’s replies to Defendants’ responses, if any.

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7.

This proposed schedule would not otherwise affect the schedule for the case.

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Dated: February 16, 2016

Respectfully submitted,
ANTHONY ALEXIS
Enforcement Director

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DEBORAH MORRIS
Deputy Enforcement Director

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MICHAEL G. SALEMI

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Stipulation for Briefing Schedule
Case No. 3:15-cv-02106-RS

Assistant Litigation Deputy

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/s/ Melanie Hirsch
Melanie Hirsch
[e-mail]
202-435-7944
Edward Keefe
[e-mail]
202-435-9198
Patrick Gushue
[e-mail]
202-435-9671
1700 G Street NW
Washington, DC 20552

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Attorneys for Plaintiff
Consumer Financial Protection Bureau

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Dated: February 16, 2016

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/s/ Sean E. Ponist
Law Offices of Sean Ponist, P.C.
Sean E. Ponist
Georgia Z. Schneider

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Attorneys for Defendants Nationwide Biweekly
Administration, Inc., Loan Payment Administration
LLC, and Daniel S. Lipsky

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ECF ATTESTATION
I, Melanie Hirsch, am the ECF user whose ID and password are being used to file this

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document. I attest that concurrence in the filing of this document has been obtained from the

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signatory.

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Dated: February 16, 2016

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/s/ Melanie Hirsch
Melanie Hirsch

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Stipulation for Briefing Schedule
Case No. 3:15-cv-02106-RS

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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2/17/16
Dated: _______________________

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_______________________________
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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Stipulation for Briefing Schedule
Case No. 3:15-cv-02106-RS