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

Filing 96

STIPULATION AND ORDER SETTING CASE SCHEDULE: Further Telephonic Case Management Conference set for 11/17/2016 at 11:00 AM in Courtroom 3, 17th Floor, San Francisco. Designation of experts due 9/7/2016; opening disclosures/reports due 10/24/2016; f act discovery cut-off due 11/10/2016; expert discovery cut-off due 12/8/2016; dispositive motions filed by 12/8/2016, oppositions filed by 1/5/2017, replies filed by 1/19/2017; hearings on dispositive motions by 2/9/2017. Signed by Judge Richard Seeborg on 8/3/2016.(afmS, COURT STAFF) (Filed on 8/3/2016)

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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 CASE
SCHEDULE

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 CASE SCHEDULE
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., Loan Payment Administration LLC, and Daniel S. Lipsky (collectively, the

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“Parties”) state, stipulate, and agree as follows:

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1.

On November 13, 2015, the Court entered a Further Case Management Scheduling Order

setting the following case schedule (Dkt. 56):

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Designation of experts: July 23, 2016

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Fact discovery cut-off: September 22, 2016

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Opening disclosures / reports: September 22, 2016

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Further telephonic case management conference: September 29, 2016

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Rebuttal disclosures / reports: October 13, 2016

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Expert discovery cut-off: November 10, 2016

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Filing of dispositive motions: November 10, 2016

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Filing of memoranda in opposition to dispositive motions: December 8, 2016

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Filing of any reply in support of dispositive motions: December 22, 2016

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Hearing of dispositive motions: January 12, 2017

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Pretrial conference: March 16, 2017

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Trial: April 24, 2017

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2.

Due to the state of discovery as well as the fact that the pleadings remain unsettled at this

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time, the Parties agree it is necessary to modify this case schedule to allow additional time for fact and

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expert discovery without affecting the trial date or pretrial conference.

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3.

The parties hereby jointly submit the following modified proposed case schedule:

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Designation of experts: September 7, 2016

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Opening disclosures / reports: October 24, 2016

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Fact Discovery cut-off: November 10, 2016

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Rebuttal disclosures / reports: November 14, 2016

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Further telephonic case management conference: November 17, 2016

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Expert discovery cut-off: December 8, 2016
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JOINT STIPULATION AND [PROPOSED] ORDER SETTING CASE SCHEDULE
CASE NO. 3:15-CV-02106-RS

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Filing of dispositive motions: December 8, 2016

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Filing of memoranda in opposition to dispositive motions: January 5, 2017

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Filing of any reply in support of dispositive motions: January 19, 2017

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Hearing of dispositive motions: February 9, 2017

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Pretrial conference: March 16, 2017

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Trial: April 24, 2017

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4.

This proposed schedule would not otherwise affect trial date or pretrial conference.

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IT IS SO STIPULATED AND AGREED:

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Dated: July 21, 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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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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JOINT STIPULATION AND [PROPOSED] ORDER SETTING CASE SCHEDULE
CASE NO. 3:15-CV-02106-RS

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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 21, 2016

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By:

/s/ Georgia Z. Schneider
Georgia Z. Schneider

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CERTIFICATE OF SERVICE
On July 21, 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 CASE SCHEDULE
CASE NO. 3:15-CV-02106-RS

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

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8/3/2016
Dated:__________________

________________________________
RICHARD SEEBORG
United States District Judge

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JOINT STIPULATION AND [PROPOSED] ORDER SETTING CASE SCHEDULE
CASE NO. 3:15-CV-02106-RS