Cabiness v. Educational Financial Services

Filing 85

STIPULATION AND ORDER re 84 STIPULATION WITH PROPOSED ORDER Granting Leave to File Second Amended Complaint filed by Winifred Cabiness. Signed by Judge Jon S. Tigar on March 22, 2017. (wsn, COURT STAFF) (Filed on 3/22/2017)

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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 Facsimile: (415) 632-1901 bryan@kbklegal.com elliot@kbklegal.com EAST BAY COMMUNITY LAW CENTER SHARON DJEMAL Bar No. 208461 3130 Shattuck Ave. Berkeley, CA 94705 Telephone: (510) 269-6612 Facsimile: (510) 849-1536 sdjemal@ebclc.org Attorneys for Plaintiff WINIFRED CABINESS and the putative class 11 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 18 WINIFRED CABINESS, individually and on behalf of all others similarly situated, EDUCATIONAL FINANCIAL SOLUTIONS, LLC dba CAMPUS DEBT SOLUTIONS, STIPULATION AND PROPOSED ORDER TO GRANT PLAINTIFF LEAVE TO AMEND AND TO CONTINUE EDUCATIONAL FINANCIAL SOLUTIONS, LLC DBA CAMPUS DEBT SOLUTIONS’S DEADLINE TO RESPOND TO THE COMPLAINT Defendant. ________________________________/ Action Filed: March 4, 2016 Trial Date: None Set Plaintiff, 19 20 21 22 23 24 25 Case No. 3:16-cv-01109-JST vs. COMES NOW THE PARTIES TO THE ABOVE-REFERENCED ACTION AND RECITE AND STIPULATE AS FOLLOWS: 26 1. WHEREAS, Plaintiff initiated this lawsuit on March 4, 2016; 27 2. WHEREAS, Plaintiff filed a First Amended Complaint by way of stipulation on 28 September 23, 2016. 1 Stipulation and [Proposed] Order Granting Leave to File Second Amended Complaint 1 3. WHEREAS, Plaintiff has expressed a desire to amend the Complaint. 2 4. WHEREAS, to avoid unnecessary litigation expense, and without waiving any 3 defenses and/or opposition to any of the claims and/or class allegations, the Parties agree that 4 Plaintiff may file a Second Amended Complaint on or before March 24, 2017 and Defendant 5 Educational Financial Solutions, LLC dba Campus Debt Solutions may have through June 19, 6 2017 to answer, move, or otherwise respond to the Second Amended Complaint. 7 NOW THEREFORE THE PARTIES STIPULATE: 8 1. Plaintiff may file a Second Amended Complaint on or before March 24, 2017. 9 2. Educational Financial Solutions, LLC dba Campus Debt Solutions may have 10 through June 19, 2017 to answer, move, or otherwise respond to the Second Amended 11 Complaint. 12 Dated: March 22, 2017 KEMNITZER, BARRON & KRIEG, LLP 13 14 By: 15 16 Dated: March 22, 2017 /s/ Elliot Conn ELLIOT CONN Attorneys for Plaintiff NOSSAMAN LLP 17 18 By: 19 20 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 /s/ James H. Vorhis JAMES H. VORHIS BETH-ANN KRIMSKY (admitted pro hac vice) Attorneys for Defendant EDUCATIONAL FINANCIAL SOLUTIONS, LLC dba CAMPUS DEBT SOLUTIONS // 2 Stipulation and [Proposed] Order Granting Leave to File Second Amended Complaint 1 ORDER 2 Pursuant to the Parties’ stipulation, 3 1. Plaintiff may have through March 24, 2017 to file a Second Amended Complaint 4 2. Educational Financial Solutions, LLC dba Campus Debt Solutions may have 5 through June 19, 2017 to answer, move, or otherwise respond to the Second Amended 6 Complaint. 7 8 IT IS SO ORDERED. Dated: March ___, 2017 22 9 10 11 HON. JON S. TIGAR UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stipulation and [Proposed] Order Granting Leave to File Second Amended Complaint

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