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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1 2 3 4 5 6 7 8 9 10 KEMNITZER, BARRON, & KRIEG, LLP BRYAN KEMNITZER Bar No. 066401 ELLIOT CONN Bar No. 279920 445 Bush St., 6th Floor San Francisco, CA 94108 Telephone: (415) 632-1900 EAST BAY COMMUNITY LAW CENTER SHARON DJEMAL Bar No. 208461 3130 Shattuck Ave. Berkeley, CA 94705 Telephone: (510) 269-6612 Facsimile: (510) 849-1536 Attorneys for Plaintiff Winifred Cabiness and the putative class 11 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 WINIFRED CABINESS, individually and on behalf of all others similarly situated, CLASS ACTION Plaintiff, 17 18 19 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 20 Defendant. 21 22 23 24 25 26 27 28 Case No. 3:16-cv-1109-JST STIPULATION AND ORDER CONTINUING AUGUST 23, 2017 CASE MANAGEMENT CONFERENCE 32174590v2 1 2 3 4 5 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 6 resolve this matter based on an agreed upon estimated class size to be confirmed, with room for 7 error of up to 15%; 8 9 10 11 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 12 expert has calculated the size of the class based upon extensive call records provided by 13 Defendant and asserts it is approximately 35% larger than the high end of the allowed class size. 14 WHEREAS, Defendant contends that it had obtained prior express written consent to call 15 approximately 25% the unique cellular telephone numbers set forth in the call records provided 16 and contends that the class size is within the agreed upon estimate class size range. 17 WHEREAS, the individual Plaintiff seeks to designate as an expert is addressing the 18 validity of the consents set forth in Defendant’s records evidencing the prior express written 19 consent that was provided. 20 WHEREAS, Defense counsel has requested additional information from Plaintiff and is 21 in the process of considering retaining an expert in order to make a more accurate determination 22 of the class size and the validity of the evidence of consents. 23 WHEREAS, the Parties have been diligently working to resolve these technical issues 24 and disputes regarding the class size, and the attorneys for the Parties have been communicating 25 with each other to address the remaining issues to resolve this matter; 26 27 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; 28 -1Case No. 3:16-cv-1109-JST STIPULATION AND ORDER CONTINUING OCTOBER 5, 2017 CASE MANAGEMENT CONFERENCE 32174590v2 1 2 3 4 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. 5 WHEREAS, additional time is needed for the Parties to determine the class size. 6 WHEREAS, the Parties would be happy to appear at the October 11, 2017 case 7 management conference and discuss these issues with the Court or in the alternative, the Parties 8 request that the Case Management Conference be continued for another 45 days. 9 10 WHEREAS, the Parties further understand if a discrepancy regarding class statistical information remains, the Parties will present the focused issue to the Court. 11 NOW THEREFORE THE PARTIES STIPULATE AND AGREE AS FOLLOWS: 12 1. 13 14 The Court shall vacate the current deadlines for Plaintiff to file a Motion for Preliminary Approval; 2. 15 The October 11, 2017 case management conference is continued to December 6, 2017 at 2:00 p.m. 16 3. An updated joint case management statement is due by November 27, 2017. 17 4. The case management conference will be vacated if a motion for preliminary 18 approval of settlement is filed by November 27, 2017. The parties should 19 anticipate that if the December 6, 2017 case management conference goes 20 forward, the Court will set new deadlines for the filing of a motion for class 21 certification that will not be subject to further continuance. 22 23 5. The case continues to be stayed for all other purposes. Dated: October 4, 2017 KEMNITZER, BARRON & KRIEG, LLP 24 25 By: 26 27 /s/ Bryan Kemnitzer BRYAN KEMNITZER Attorneys for Plaintiff Winifred Cabiness and the putative class 28 -2Case No. 3:16-cv-1109-JST STIPULATION AND ORDER CONTINUING OCTOBER 5, 2017 CASE MANAGEMENT CONFERENCE 32174590v2 1 Dated: October 4, 2017 GREENSPOON MARDER 2 3 By: 4 5 6 7 /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 8 9 PURSUANT TO STIPULATION, IT IS SO ORDERED. 10 11 DATED: October 5, 2017 HONORABLE JON S. TIGAR 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Case No. 3:16-cv-1109-JST STIPULATION AND ORDER CONTINUING OCTOBER 5, 2017 CASE MANAGEMENT CONFERENCE 32174590v2

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