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

Filing 89

STIPULATION AND ORDER RE 88 Setting Briefing Schedule and Hearing Date. Signed by Judge Richard Seeborg on 7/18/16. (cl, COURT STAFF) (Filed on 7/18/2016)

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ANTHONY ALEXIS (DC Bar #384545)
DEBORAH MORRIS (Admitted to the NY Bar)
MICHAEL G. SALEMI (IL Bar # 6279741)
MELANIE HIRSCH (DC Bar #989310)
EDWARD KEEFE (DC Bar #490713)
PATRICK GUSHUE (PA Bar #306966)
JONATHAN URBAN (CO Bar #44190)
[e-mail]
1700 G Street NW
Washington, DC 20552
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiff
Consumer Financial Protection Bureau

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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 and Counter-Claimant Nationwide Biweekly
Administration, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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CONSUMER FINANCIAL PROTECTION
BUREAU,
Plaintiff,

Case No. 3:15-cv-02106-RS

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JOINT STIPULATION AND
[PROPOSED] ORDER SETTING
BRIEFING SCHEDULE AND HEARING
DATE ON PLAINTIFF’S MOTION TO
DISMISS COUNTERCLAIMS AND TO
STRIKE PORTIONS OF THIRD
AMENDED ANSWER

vs.
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NATIONWIDE BIWEEKLY
ADMINISTRATION, INC., LOAN PAYMENT
ADMINISTRATION LLC, and DANIEL S.
LIPSKY,
Defendants.

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NATIONWIDE BIWEEKLY
ADMINISTRATION, INC.
Counter-claimant,
vs.
CONSUMER FINANCIAL PROTECTION
BUREAU,
Counter-defendant.
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JOINT STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND HEARING
DATE ON PLAINTIFF’S MOTION TO DISMISS/STRIKE CASE NO. 3:15-CV-02106-RS

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Pursuant to Civil L.R. 6-2 and 7-12 and subject to the Court’s approval, Plaintiff Consumer

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Financial Protection Bureau (“Bureau”) and Defendants and Counter-claimant Nationwide Biweekly

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Administration, Inc. (“Nationwide”), Loan Payment Administration LLC, and Daniel S. Lipsky

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(collectively, “Defendants”) state, stipulate, and agree as follows:

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1.

On July 5, 2016, the Bureau moved to dismiss Nationwide’s Counterclaims and to strike

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portions of Defendants’ Third Amended Answer (“Motions”). Dkt. No. 86. The hearing on the Bureau’s

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Motions is set for August 4, 2016 at 1:30 p.m. with responses due by July 19, 2016 and replies due by

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July 26, 2016.

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2.

Due to defense counsel’s trial schedule in another matter, Defendants and Counter-

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claimant have requested that the Bureau stipulate to moving the hearing date and all deadlines related

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thereto one week.

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3.

Plaintiff has no objection to this request.

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4.

The parties jointly propose the following briefing schedule and hearing date:

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a. July 26, 2016: Defendants’ responses to the Motions;

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b. August 2, 2016: The Bureau’s replies to Defendants’ responses, if any; and

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c. August 11, 2016, at 1:30 p.m.: Hearing on the Bureau’s Motions.

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5.

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

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IT IS SO STIPULATED AND AGREED:

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Dated: July 14, 2016
By: /s/ Patrick Gushue
CONSUMER FINANCIAL PROTECTION BUREAU
Anthony Alexis, Enforcement Director
Deborah Morris, Deputy Enforcement Director
Michael G. Salemi, Asst. Litigation Deputy
Melanie Hirsch, Enforcement Attorney
Edward Keefe, Enforcement Attorney
Patrick Gushue, Enforcement Attorney
Attorneys for Plaintiff Consumer Financial Protection
Bureau

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JOINT STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND HEARING
DATE ON PLAINTIFF’S MOTION TO DISMISS/STRIKE CASE NO. 3:15-CV-02106-RS

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By: /s/ Georgia Z. Schneider
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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 and Counter-Claimant Nationwide
Biweekly Administration, Inc.

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ECF ATTESTATION

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I Georgia Z. Schneider, 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 signatory.

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Dated: July 14, 2016

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By:

/s/ Georgia Z. Schneider
Georgia Z. Schneider

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CERTIFICATE OF SERVICE
On July 14, 2016, I filed the foregoing document with the Court’s CM/ECF filing system, which
will serve all parties and counsel of record in this case.

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By:

/s/ Georgia Z. Schneider
Georgia Z. Schneider

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JOINT STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND HEARING
DATE ON PLAINTIFF’S MOTION TO DISMISS/STRIKE CASE NO. 3:15-CV-02106-RS

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:__________________
7/18/16
________________________________
RICHARD SEEBORG
United States District Judge

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JOINT STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE AND HEARING
DATE ON PLAINTIFF’S MOTION TO DISMISS/STRIKE CASE NO. 3:15-CV-02106-RS