Cabiness v. Educational Financial Services

Filing 103

STIPULATION AND ORDER re 102 STIPULATION WITH PROPOSED ORDER to continue Case Management Conference filed by Winifred Cabiness. Case Management Statement due by 11/27/2017. Further Case Management Conference set for 12/6/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on October 5, 2017. (wsn, COURT STAFF) (Filed on 10/5/2017)

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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

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

STIPULATION AND ORDER TO
CONTINUE OCTOBER 11, 2017 CASE
MANAGEMENT CONFERENCE AND
OTHER DEADLINES
Date Action Filed: March 4, 2016

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Defendant.

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

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COMES NOW THE PARTIES TO THE ABOVE-REFERENCED ACTION AND
RECITE AND STIPULATE AS FOLLOWS:
WHEREAS, on June 5, 2017, the Parties attended private mediation in this matter with
the Honorable Judge Peter D. Lichtman (Ret.) at JAMS;
WHEREAS, the Parties executed a Memorandum of Understanding at mediation to

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resolve this matter based on an agreed upon estimated class size to be confirmed, with room for

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error of up to 15%;

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WHEREAS, the Parties are still working to finalize the resolution of this matter to
conclude their settlement; particularly involving the process to address whether the actual class
size is within the estimated class size range agreed to by the Parties;
WHEREAS, Plaintiff maintains that an individual Plaintiff seeks to designate as an

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expert has calculated the size of the class based upon extensive call records provided by

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Defendant and asserts it is approximately 35% larger than the high end of the allowed class size.

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WHEREAS, Defendant contends that it had obtained prior express written consent to call

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approximately 25% the unique cellular telephone numbers set forth in the call records provided

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and contends that the class size is within the agreed upon estimate class size range.

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WHEREAS, the individual Plaintiff seeks to designate as an expert is addressing the

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validity of the consents set forth in Defendant’s records evidencing the prior express written

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consent that was provided.

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WHEREAS, Defense counsel has requested additional information from Plaintiff and is

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in the process of considering retaining an expert in order to make a more accurate determination

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of the class size and the validity of the evidence of consents.

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

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and disputes regarding the class size, and the attorneys for the Parties have been communicating

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with each other to address the remaining issues to resolve this 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;

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WHEREAS, based upon the stipulation of the Parties dated August 10, 2017, the Court
rescheduled on August 11, 2017 the Case Management Conference for October 11, 2017.
WHEREAS, unfortunately, during the intervening months there have been a number of
hurricanes in the Florida area causing disruptions in work for Defense counsel.

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WHEREAS, additional time is needed for the Parties to determine the class size.

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WHEREAS, the Parties would be happy to appear at the October 11, 2017 case

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management conference and discuss these issues with the Court or in the alternative, the Parties

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request that the Case Management Conference be continued for another 45 days.

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WHEREAS, the Parties further understand if a discrepancy regarding class statistical
information remains, the Parties will present the focused issue to the Court.

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NOW THEREFORE THE PARTIES STIPULATE AND AGREE AS FOLLOWS:

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1.

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The Court shall vacate the current deadlines for Plaintiff to file a Motion for
Preliminary Approval;

2.

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The October 11, 2017 case management conference is continued to December 6,
2017 at 2:00 p.m.

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3.

An updated joint case management statement is due by November 27, 2017.

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4.

The case management conference will be vacated if a motion for preliminary

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approval of settlement is filed by November 27, 2017. The parties should

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anticipate that if the December 6, 2017 case management conference goes

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forward, the Court will set new deadlines for the filing of a motion for class

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certification that will not be subject to further continuance.

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5.

The case continues to be stayed for all other purposes.

Dated: October 4, 2017

KEMNITZER, BARRON & KRIEG, LLP

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By:

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/s/ Bryan Kemnitzer
BRYAN KEMNITZER
Attorneys for Plaintiff Winifred Cabiness and the
putative class

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Dated: October 4, 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: October 5, 2017
HONORABLE JON S. TIGAR

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