Cabiness v. Educational Financial Services

Filing 31

STIPULATION AND ORDER re 30 STIPULATION WITH PROPOSED ORDER re 24 MOTION to Dismiss Notice of Motion and Motion to Dismiss or, in the Alternative, to Stay the Action filed by Educational Financial Services. Signed by Judge Jon S. Tigar on June 22, 2016. (wsn, COURT STAFF) (Filed on 6/22/2016)

1 NOSSAMAN LLP
JAMES H. VORHIS (SBN 245034)
2 [e-mail]
3 50 California Street, 34th Floor
San Francisco, CA 94111
415.398.3600
4 Telephone:
Facsimile:
415.398.2438
5 Attorneys for Defendant
6 EDUCATIONAL FINANCIAL
SOLUTIONS, LLC dba
7 CAMPUS DEBT SOLUTIONS
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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EDUCATIONAL FINANCIAL SOLUTIONS, )
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LLC DBA CAMPUS DEBT SOLUTIONS, )
and DOES 1-10,
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Defendant.
WINIFRED CABINESS,

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

STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINE FOR
DEFENDANT TO FILE REPLY IN
SUPPORT OF MOTION TO DISMISS

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This Stipulation is entered into by Plaintiff Winifred Cabiness (“Plaintiff”) and

21 Defendant Educational Financial Solutions, LLC d/b/a Campus Debt Solutions (“Defendant”),
22 by and through their respective counsel.
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WHEREAS, on March 4, 2016, Plaintiff filed her Complaint in the above-entitled action

24 in the United States District Court, Northern District of California;
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WHEREAS, on June 6, 2016, Defendant filed its Notice of Motion and Motion to

26 Dismiss or, in the Alternative, to Stay the Action, and Memorandum of Points & Authorities
27 (“Defendant’s Motion to Dismiss) (Dkt. No. 24);
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WHEREAS, on June 20, 2016, Plaintiff filed her Response to Defendant’s Motion to
-1STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR DEFENDANT TO FILE REPLY
TO MOTION TO DISMISS
Winifred Cabiness v. Educational Financial Solutions, LLC, Case No. 3:16-cv-1109-JST
17577516.v1

1 Dismiss (“Plaintiff’s Response to Defendant’s Motion to Dismiss”) (Dkt. No. 29);
WHEREAS, Defendant’s Reply in support of Defendant’s Motion to Dismiss is

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3 currently due on Monday, June 27, 2016;
WHEREAS, the hearing on Defendant’s Motion to Dismiss is currently scheduled for

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5 August 4, 2016;
WHEREAS, Defendant seeks a short extension of four days until Friday, July 1, 2016 to

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7 file a Reply in support of Defendant’s Motion to Dismiss;
WHEREAS, local counsel handling this matter as well as the associate from lead

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9 counsel’s office handling this matter will both be out of the office from June 23, 2016 until June
10 27, 2016 on previously scheduled vacations;
WHEREAS, Plaintiff’s counsel has agreed and has no objection to Defendant’s request

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12 for a short extension of time for Defendant to file its Reply in Support of Defendant’s Motion to
13 Dismiss; and
WHEREAS, the Parties agree that a short extension of time for Defendant to file its

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15 Reply in Support of Defendant’s Motion to Dismiss will have no impact on the scheduling of
16 this matter as the hearing on Defendant’s Motion to Dismiss is not until August 4, 2016 and
17 therefore, even with the extension, Defendant’s Reply in Support of Defendant’s Motion to
18 Dismiss will still be due five (5) weeks before the hearing on Defendant’s Motion to Dismiss;
WHEREAS, Defendant has not previously sought an extension of time to file its Reply

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20 in Support of Defendant’s Motion to Dismiss;
WHEREAS, the Parties have sought and the Court has granted two continuances of the

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22 Case Management Conference which is now scheduled for August 4, 2016;
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-2STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR DEFENDANT TO FILE REPLY
TO MOTION TO DISMISS
Winifred Cabiness v. Educational Financial Solutions, LLC, Case No. 3:16-cv-1109-JST
17577516.v1

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NOW, THEREFORE, pursuant to Civil Local Rule 6-2(a), the Parties stipulate and

2 agree, through their respective counsel that the deadline for Defendant to file its Reply in
3 Support of Defendant’s Motion to Dismiss shall be extended until July 1, 2016.
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IT IS SO STIPULATED.

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6 Dated: June 22, 2016
7 EAST BAY COMMUNITY
LAW CENTER
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Nossaman LLP

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/s/ Sharon Djemal
10 Sharon Djemal
Attorney for Plaintiff
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/s/ James H. Vorhis
James H. Vorhis
Attorneys for Defendant

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14 PURSUANT TO STIPULATION, IT IS SO ORDERED.
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June 22, 2016
16 DATED:_______________

___________________________________
THE HONORABLE JON S. TIGAR

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-3STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR DEFENDANT TO FILE REPLY
TO MOTION TO DISMISS
Winifred Cabiness v. Educational Financial Solutions, LLC, Case No. 3:16-cv-1109-JST
17577516.v1

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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1

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I, James H. Vorhis, attest that concurrence in the filing of this Stipulation Extending

4 Deadline for Defendant to file its Reply in Support of Defendant’s Motion to Dismiss has been
5 obtained from the other signatory. I declare under penalty of perjury under the laws of the
6 United States of America that the foregoing is true and correct.
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Executed June 22, 2016, at San Francisco, California.

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NOSSAMAN LLP

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/s/ James H. Vorhis

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-4STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR DEFENDANT TO FILE REPLY
TO MOTION TO DISMISS
Winifred Cabiness v. Educational Financial Solutions, LLC, Case No. 3:16-cv-1109-JST
17577516.v1