DeVries v. Experian Information Solutions, Inc.

Filing 42

ORDER granting 40 Stipulation. Reset Deadlines as to 31 MOTION to Compel Arbitration and 33 MOTION to Stay. Responses due by 10/14/2016. Replies due by 10/28/2016. Motion Hearing set for 11/30/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 10/11/2016. (jmdS, COURT STAFF) (Filed on 10/11/2016)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SEAN GILBERT DEVRIES, on behalf of
themselves and all others similarly situated,

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Plaintiffs,

Case No. 3:16-cv-02953-WHO
AMENDED STIPULATION AND
ORDER TO EXTEND BRIEFING
DEADLINES

v.
Civil L.R. 6-2
EXPERIAN INFORMATION SOLUTIONS,
INC., an Ohio and California corporation,
Defendant.

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AMENDED STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES
DeVries et al. v. Experian Information Solutions, Inc.., No. 3:16-cv-02953-WHO
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STIPULATION
Pursuant to Civil Local Rule 6-2, Plaintiff Sean DeVries (“Plaintiff”) and Defendant

3 Experian Information Solutions, Inc. (“Defendant,” and Plaintiff and Defendant, collectively, are
4 the “Parties”), by and through their undersigned counsel, stipulate as follows, subject to a Court
5 Order approving the stipulation:
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WHEREAS, on September 21, 2016, Defendant filed a Motion to Compel Arbitration

7 (Doc. No. 31), Request for Judicial Notice (Doc. No. 32), and Application for Stay of Case
8 Pending Outcome of Arbitration (Doc. No. 33) (collectively the “Motions”);
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WHEREAS, on October 3, 2016, the Parties filed a stipulation (Doc. No. 36) requesting

10 the Court extend the briefing schedule on the Motions as follows:
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Plaintiffs’ Opposition to the Motions

October 11, 2016

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Defendant’s Reply in Support of the Motions

October 18, 2016

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WHEREAS, on October 4, 2016, the Court entered an order granting the stipulation and

14 extending the deadlines (Doc. No. 37.);
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WHEREAS, on October 4, 2016, the Court held a conference with the Parties and

16 ordered discovery in the matter be stayed pending a decision on the Motions;
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WHEREAS, the hearing on the Motions is set for October 26, 2016 at 2:00 p.m.;

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WHEREAS, the Parties previously submitted a stipulation on October 6, 2016 (Dkt. 39)

19 for an additional extension of the briefing schedule for the Motions as follows:
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Plaintiffs’ Opposition to the Motions

October 14, 2016

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Defendant’s Reply in Support of the Motions

October 28, 2016

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Hearing on the Motions for November 16, 2016 at 2:00 p.m.

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WHEREAS, counsel for Plaintiff now wishes to provide the Court with additional detail

24 for the requested extension;
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WHEREAS, the reasons requested for the extension are:

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(a)

There is a religious holiday (Yom Kippur) that is occupying certain members of

27 plaintiffs’ counsel time such that they cannot fully work on the opposition; and
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AMENDED STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES
DeVries et al. v. Experian Information Solutions, Inc.., No. 3:16-cv-02953-WHO
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(b)

the undersigned plaintiff’s counsel is dealing with a sick immediate family

2 member with stage 4 lung cancer such that the extra time is needed for him to focus and finalize
3 on the opposition.
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WHEREAS, the Parties agree that this Stipulation shall have no force or effect unless the

5 Court approves the Stipulation in its entirety and enters the [Proposed] Order set forth below;
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NOW, THEREFORE, pursuant to Civil Local Rule 6-2, the Parties hereby

7 stipulate and request that the Court enter an Order amending the briefing schedules on the
8 Motions as follows:
Plaintiffs’ Opposition to the Motions

October 14, 2016;

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Defendant’s Reply in Support of the Motions

October 28, 2016; and

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The Hearing on the Motions is rescheduled for November 16, 2016 at 2:00 p.m.

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Respectfully submitted,

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Date: October 11, 2016

REESE LLP
By: /s/ Michael R. Reese
Michael R. Reese (SBN 206773)
[e-mail]
875 Avenue of the Americas, 18th Floor
New York, New York 10001
Telephone: [phone]
Facsimile: [phone]
Melissa Wolchansky (admitted pro hac vice)
[e-mail]
HALUNEN LAW
1650 IDS Center
80 South 8th Street
Minneapolis, Minnesota 55402
Telephone: [phone]
Facsimile: [phone]

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AMENDED STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES
DeVries et al. v. Experian Information Solutions, Inc.., No. 3:16-cv-02953-WHO
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James A Francis
[e-mail]
David A. Searles
[e-mail]
John J. Soumilas
[e-mail]
FRANCIS & MAILMAN P.C.
Land Title Building
100 S. Broad Street, 19th Floor
Philadelphia, Pennsylvania 19110
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Sean DeVries and the
Proposed Class

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11 Date: October 11, 2016
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JONES DAY
By: /s/Kerry C. Fowler
Kerry C. Fowler (SBN 228982)
[e-mail]
555 S. Flower Stree, 50th Floor
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Experian Information Solutions, Inc.

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AMENDED STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES
DeVries et al. v. Experian Information Solutions, Inc.., No. 3:16-cv-02953-WHO
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ATTESTATION
I hereby attest that I have on file written authorization for any signatures indicated by a

3 “conformed” signature (/s/) in this e-filed document.
/s/ Michael R. Reese
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Michael R. Reese
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AMENDED STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES
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ORDER
The Court GRANTS the Stipulation as modified below. The court is unavailable on

3 November 16, 2016. The hearing on the motion is set for November 30, 2016 at 2 p.m.
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DATE: October 11, 2016
HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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AMENDED STIPULATION AND ORDER TO EXTEND BRIEFING DEADLINES
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