DeVries v. Experian Information Solutions, Inc.

Filing 75

ORDER TO EXTEND BRIEFING DEADLINES AND CONTINUE HEARING ON 73 MOTION FORJUDGMENT ON THE PLEADINGS AND FURTHER CASE MANAGEMENT CONFERENCE granting 74 STIPULATION. Responses due by 2/21/2018. Replies due by 3/2/2018. Motion Hearing and Case Mana gement Conference reset for 3/14/2018 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Case Management Statement due by 3/7/2018. Signed by Judge William H. Orrick on 02/08/2018. (jmdS, COURT STAFF) (Filed on 2/8/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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

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Plaintiffs,

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v.
EXPERIAN INFORMATION SOLUTIONS,
INC., an Ohio and California corporation,
Defendant.

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Case No. 3:16-cv-02953-WHO
STIPULATION AND
ORDER TO EXTEND BRIEFING
DEADLINES AND CONTINUE
HEARING ON MOTION FOR
JUDGMENT ON THE PLEADINGS AND
FURTHER CASE MANAGEMENT
CONFERENCE;
DECLARATION OF KERRY C.
FOWLER IN SUPPORT THEREOF
Civil L.R. 6-2

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Prior Hearing & CMC Date: Feb. 28, 2018
New Hearing & CMC Date: March 14, 2018
Time: 2:00 p.m.
Location: Courtroom 2, 17th Floor

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STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING DEADLINES
DeVries et al. v. Experian Information Solutions, Inc.., No. 3:16-cv-02953-WHO
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STIPULATION

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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 January 23, 2018, the Court entered a Minute Entry (Doc. No. 72) granting

7 Defendant one week to file a Motion for Judgment on the Pleadings and setting February 28, 2018
8 as the date for a hearing on such motion;
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WHEREAS, the Court also set a Further Case Management Conference for February 28,

10 2018, to be heard at the same time as the Motion for Judgment on the Pleadings;
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WHEREAS, on January 24, 2018, Defendant filed the its Motion for Judgment on the

12 Pleadings (“Motion”) (Doc. No. 73);
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WHEREAS, Civil Local Rule 7-3(a) sets February 7, 2018 as the deadline for Plaintiff to

14 file an Opposition to the Motion;
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WHEREAS, Civil Local Rule 7-3(c) sets February 14, 2018 as the deadline for Defendant

16 to file a Reply in Support of the Motion;
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WHEREAS, due to certain conflicts, the Parties require additional time for briefing and

18 wish to stipulate to an extension of the briefing schedule for the Motion as follows:
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Plaintiff’s Opposition to the Motion

February 21, 2018

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Defendant’s Reply in Support of the Motion

March 2, 2018

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WHEREAS, the Parties also wish to reschedule the hearing on the Motion and Further

22 Case Management Conference to March 14, 2018 at 2:00 p.m.;
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WHEREAS, the Parties agree that this Stipulation shall have no force or effect unless the

24 Court approves the Stipulation in its entirety and enters the [Proposed] Order set forth below;
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STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING DEADLINES
DeVries et al. v. Experian Information Solutions, Inc.., No. 3:16-cv-02953-WHO
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NOW, THEREFORE, pursuant to Civil Local Rule 6-2, the Parties hereby stipulate and

2 request that the Court enter an Order amending the briefing and hearing schedules as follows:
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Plaintiff’s Opposition to the Motion

February 21, 2018;

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Defendant’s Reply in Support of the Motion

March 2, 2018;

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The Hearing on the Motion is rescheduled for March 14, 2018 at 2:00 p.m.; and

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The Further Case Management Conference previously scheduled for February 7,

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2018 is continued to March 14, 2018 at 2:00 p.m.

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Date: February 7, 2018

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

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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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STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING DEADLINES
DeVries et al. v. Experian Information Solutions, Inc.., No. 3:16-cv-02953-WHO
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Date: February 7, 2018

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

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STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING DEADLINES
DeVries et al. v. Experian Information Solutions, Inc.., No. 3:16-cv-02953-WHO
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DECLARATION OF KERRY C. FOWLER

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I, Kerry C. Fowler, declare as follows:

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I am a member in good standing of the State Bar of California, and am admitted to

4 practice before the Northern District of California and other federal courts. I am a partner in the
5 law firm of Jones Day, attorneys of record for defendant Experian Information Solutions, Inc.
6 (“EIS”) in the above-captioned action.
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2.

On January 23, 2018, the Court entered a Minute Entry (Doc. No. 72) granting EIS

one week to file a Motion for Judgment on the Pleadings, and setting February 28, 2018 as the date
for a hearing on such motion. The Court also set a Further Case Management Conference for
February 28, 2018, to be heard at the same time;
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On January 24, 2018, EIS filed its Motion for Judgment on the Pleadings (the

“Motion”). Subsequent to the filing of the Motion, counsel for the parties engaged in a series of
meet and confer communications regarding certain conflicts that had arisen with the February 28,
2018 hearing date.
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On February 7, 2018, counsel reached an agreement regarding a mutually

17 acceptable briefing schedule and the available hearing date of March 14, 2018.
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I declare under penalty of perjury under the laws of the United States of America that the

19 foregoing is true and correct.
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Executed this 7th day of February, 2018 in Los Angeles, California.

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/s/ Kerry C. Fowler
Kerry C. Fowler

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ATTESTATION

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Pursuant to Civil Local Rule 5-1(i)(3), I, Kerry C. Fowler attest under penalty of perjury

26 under the laws of the United States that concurrence in the filing of this document has been
27 obtained from all of the signatories.
/s/ Kerry C. Fowler
Kerry C. Fowler

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STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING DEADLINES
DeVries et al. v. Experian Information Solutions, Inc.., No. 3:16-cv-02953-WHO
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[PROPOSED] ORDER
Based upon the Stipulation of the Parties, and for good cause shown, the Court hereby

3 amends the briefing and hearing schedules on Defendant Experian Information Solutions, Inc.’s
4 Motion For Judgment on the Pleadings and the Further Case Management Conference as follows:
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Plaintiff’s Opposition to the Motion

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March 2, 2018;

The Hearing on the Motion is rescheduled for March 14, 2018 at 2:00 p.m.; and

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February 21, 2018;

Defendant’s Reply in Support of the Motion

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The Further Case Management Conference previously scheduled for February 7,
2018 is continued to March 14, 2018 at 2:00 p.m.

IT IS SO ORDERED.

13 DATE: February 8, 2018
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HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING DEADLINES
DeVries et al. v. Experian Information Solutions, Inc.., No. 3:16-cv-02953-WHO
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