Mestayer v. Experian Information Solutions, Inc et al

Filing 97

STIPULATION AND ORDER re 96 to Extend Plaintiff's Time To Oppose Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint filed by Gloria A. Mestayer. Responses due by 9/30/2016. Replies due by 10/7/2016. Signed by Judge Edward M. Chen on 9/22/16. (bpf, COURT STAFF) (Filed on 9/22/2016)

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LAW OFFICE OF CLARK OVRUCHESKY
Clark Ovruchesky, Esq. (SBN: 301844)
[e-mail]
750 B. Street, Suite 3300
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff,
Gloria A. Mestayer

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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LAW OFFICE OF CLARK OVRUCHESKY
750 B. STREET, SUITE 3300
SAN DIEGO, CA 92101

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GLORIA A. MESTAYER,

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Plaintiff,

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v.

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CAPITAL ONE BANK (USA),
N.A. and EXPERIAN
INFORMATION SOLUTIONS,
INC.

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Defendants.

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Case No.: 15-cv-03645-EMC
STIPULATION AND [PROPOSED]
ORDER TO EXTEND PLAINTIFF’S
TIME TO OPPOSE DEFENDANT’S
MOTION TO DISMISS
PLAINTIFF’S THIRD AMENDED
COMPLAINT
DATE:
October 27, 2016
TIME:
1:30 p.m.
COURTROOM: 5
HON. EDWARD M. CHEN

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Pursuant to Local Rule 6-2, Plaintiff Gloria A. Mestayer (“Plaintiff”), by
and through her counsel of record, Clark Ovruchesky of the Law Office of Clark
Ovruchesky, and Defendant Capital One Bank (USA), N.A. (“Capital One”), by
and through its counsel of record, Amy Borlund of Doll Amir & Eley LLP, hereby
submit this Stipulation To Extend Plaintiff’s Time To Oppose Capital One’s
Motion to Dismiss (“MTD”) Plaintiff’s Third Amended Complaint (“TAC”), as
follows:

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STIPULATION AND [PROPOSED] ORDER

PAGE 1 OF 3

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WHEREAS:

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1.

Plaintiff filed the TAC on July 20, 2016;

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2.

Capital One filed a MTD Plaintiff’s TAC on September 9, 2016;

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3.

The MTD hearing is scheduled to occur on October 27, 2016;

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4.

Plaintiff’s current deadline to oppose Capital One’s MTD is

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September 23, 2016;
5.

Plaintiff’s counsel respectfully requests additional time to oppose

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Capital One’s MTD to address Capital One’s “Metro 2” credit reporting

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arguments.

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LAW OFFICE OF CLARK OVRUCHESKY
750 B. STREET, SUITE 3300
SAN DIEGO, CA 92101

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6.

Capital One agreed to extend Plaintiff’s deadline to oppose Capital

One’s MTD by one week—to September 30, 2016.
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This extension would only additionally alter the date of Capital One’s

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deadline to file a reply to Plaintiff’s opposition, but the MTD heading would still

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be three weeks away from the modified deadline for Capital One to file a reply.

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NOW, THEREFORE, IT IS HEREBY STIPULATED THAT:
Plaintiff’s deadline to file an opposition to Capital One’s MTD is extended

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from September 23, 2016 to September 30, 2016, and Capital One’s deadline to

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file a reply to Plaintiff’s opposition is extended from September 30, 2016 to

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October 7, 2016.

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Dated: September 21, 2016

Respectfully submitted,

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L AW O FFICE OF C LARK O VRUCHESKY

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By: /s/ Clark Ovruchesky
CLARK OVRUCHESKY, ESQ.
ATTORNEY FOR PLAINTIFF

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STIPULATION AND [PROPOSED] ORDER

PAGE 2 OF 3

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Dated: September 21, 2016

Respectfully submitted,
DOLL AMIR & E LEY LLP

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By: /s/ Amy Borlund
AMY BORLUND, ESQ.
ATTORNEY FOR DEFENDANT
CAPITAL ONE BANK (USA), INC.

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Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies and
Procedures Manual, I hereby certify that the content of this document is acceptable
to all defense counsels listed above, and that I have obtained their authorizations to
affix their electronic signatures to this document.

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Dated: September 21, 2016

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LAW OFFICE OF CLARK OVRUCHESKY
By:

/s/ Clark Ovruchesky
Clark Ovruchesky
ATTORNEY FOR PLAINTIFF

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PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff’s
deadline to file an opposition to Capital One’s MTD is extended from September
23, 2016 to September 30, 2016, and Capital One’s deadline to file a reply to
Plaintiff’s opposition is extended from September 30, 2016 to October 7, 2016.

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Date: _______________________

S DISTRICT
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____________________________________

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H

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STIPULATION AND [PROPOSED] ORDER

. Chen

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Judge E

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R NIA

HON. EDWARDDM.DCHEN
ERE
O OR
IT IS S
UNITED STATES DISTRICT JUDGE
A

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9/22/16

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UNIT
ED

LAW OFFICE OF CLARK OVRUCHESKY
750 B. STREET, SUITE 3300
SAN DIEGO, CA 92101

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SIGNATURE CERTIFICATION

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F
D IS T IC T O
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PAGE 3 OF 3

CERTIFICATE OF SERVICE
Mestayer v. Experian Information Solutions, Inc. et al.
Case No: No: 3:15-cv-03645-EMC

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I, the undersigned, certify and declare that I am over the age of 18 years,

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employed in the County of San Diego, State of California, and not a party to the

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above-entitled cause.

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On September 21, 2016, I served a true copy of:
• STIPULATION AND [PROPOSED] ORDER TO EXTEND
PLAINTIFF’S TIME TO OPPOSE DEFENDANT’S MOTION TO
DISMISS PLAINTIFF’S THIRD AMENDED COMPLAINT

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LAW OFFICE OF CLARK OVRUCHESKY
750 B. STREET, SUITE 3300
SAN DIEGO, CA 92101

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[X]

By ECF: On this date, I electronically filed the following document(s)

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with the Clerk of the Court using the CM/ECF system, which sent electronic

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notification of such filing to all other parties appearing on the docket sheet.

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I declare under penalty of perjury that the above is true and correct (and that

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I am employed in or by the office of a member of the bar of this Court at whose

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direction the service was made).

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Executed on September 21, 2016 in San Diego, CA.

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By: /s/ Clark Ovruchesky
CLARK OVRUCHESKY, ESQ.
ATTORNEY FOR PLAINTIFF

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PROOF OF SERVICE