Cabiness v. Educational Financial Services

Filing 101

STIPULATION AND ORDER re 100 STIPULATION WITH PROPOSED ORDER to continue Case Management Conference filed by Winifred Cabiness. Motions due by 10/5/2017. Further Case Management Conference set for 10/11/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on August 11, 2017. (wsn, COURT STAFF) (Filed on 8/11/2017)

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KEMNITZER, BARRON, & KRIEG, LLP
BRYAN KEMNITZER
Bar No. 066401
ELLIOT CONN
Bar No. 279920
445 Bush St., 6th Floor
San Francisco, CA 94108
Telephone: [phone]
[e-mail]
[e-mail]
EAST BAY COMMUNITY LAW CENTER
SHARON DJEMAL
Bar No. 208461
3130 Shattuck Ave.
Berkeley, CA 94705
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff Winifred Cabiness and the putative class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WINIFRED CABINESS, individually and on
behalf of all others similarly situated,

CLASS ACTION
Plaintiff,

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Case No: 3:16-cv-1109-JST

STIPULATION AND [PROPOSED] ORDER
CONTINUING AUGUST 23, 2017 CASE
MANAGEMENT CONFERENCE

vs.
EDUCATIONAL FINANCIAL SOLUTIONS,
LLC DBA CAMPUS DEBT SOLUTIONS,

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Date Action Filed: March 4, 2016

Defendant.

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Case No. 3:16-cv-1109-JST

STIPULATION AND [PROPOSED] ORDER CONTINUING AUGUST 23, 2017 CASE MANAGEMENT
CONFERENCE
56121437.v1

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COMES NOW THE PARTIES TO THE ABOVE-REFERENCED ACTION AND
RECITE AND STIPULATE AS FOLLOWS:

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WHEREAS, on June 5, 2017, the Parties attended private mediation in this matter with
the Honorable Judge Peter D. Lichtman (Ret.) at JAMS;

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WHEREAS, the Parties executed a Memorandum of Understanding at mediation to
resolve this matter based off of certain class statistical data;

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WHEREAS, due to the need to confirm putative class related statistical data requiring

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technical consultation as to the size of the putative class, the Parties are still working to finalize

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the resolution of this matter to conclude their settlement;

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WHEREAS, the Parties have been diligently working to resolve these technical issues,

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and the attorneys for the Parties have been communicating with each other several times a week

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during much of the last two (2) months to address the few remaining issues to resolve this

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matter;

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WHEREAS, despite their best efforts, the Parties require additional time in order to
confirm the putative class size to complete the process of resolving this matter;
WHEREAS, the Court previously set a deadline of August 21, 2017 for Plaintiff to file
her Motion for Preliminary Approval of Settlement;
WHEREAS, the Court set a Case Management Conference for August 23, 2017 to be

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vacated should Plaintiff file her Motion for Preliminary Approval by the August 21, 2017

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deadline;

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WHEREAS, the Parties agree and believe that a 45-day continuance for Plaintiff to file

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her Motion for Preliminary Approval of Settlement and a 45-day continuance of the Case

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Management Conference (should such a conference be necessary) will be a sufficient amount of

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time for the Parties to complete the additional work necessary to resolve these pending issues

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(which time frame also considers the intervening Jewish holidays in September that will impact

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some of the attorneys’ schedules next month); and

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STIPULATION AND [PROPOSED] ORDER CONTINUING AUGUST 23, 2017 CASE MANAGEMENT
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WHEREAS, the Parties have not previously requested that the Court continue any dates
or deadlines with respect to this Motion or Case Management Conference.

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NOW THEREFORE THE PARTIES STIPULATE AND AGREE AS FOLLOWS:

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1.

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The deadline for Plaintiff to file her Motion for Preliminary Approval of
Settlement shall be continued for 45 days to October 5, 2017;

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The August 23, 2017 Case Management Conference shall be taken off calendar,

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and rescheduled 45 days later to October 11, 2017, at 2:00 p.m., or on another

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date that is convenient for the Court;

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3.

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The continued Case Management Conference shall be vacated if the Motion for
Preliminary Approval of Settlement is filed by October 5, 2017; and

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The case continues to be stayed for all other purposes.

Dated: August 10, 2017

KEMNITZER, BARRON & KRIEG, LLP

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By:

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/s/Elliot Conn
ELLIOT CONN
Attorneys for Plaintiff Winifred Cabiness and the
putative class

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Dated: August 10, 2017

GREENSPOON MARDER

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By:

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/s/Beth-Ann Krimsky
Beth-Ann Krimsky
Attorneys for Defendants EDUCATIONAL
FINANCIAL SOLUTIONS, LLC DBA CAMPUS
DEBT SOLUTIONS, DEBT.COM, LLC, BETA
INVESTMENT GROUP, INC., EQUITY
ACQUISITIONS, LLC, VENTURETECH
SOLUTIONS, LLC AND HOWARD DVORKIN

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:

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August 11, 2017 ______

________________________________
HONORABLE JUDGE JON S. TIGAR

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STIPULATION AND [PROPOSED] ORDER CONTINUING AUGUST 23, 2017 CASE MANAGEMENT
CONFERENCE
56121437.v1