Muehlenberg v. Experian Information Solutions, Inc. et al

Filing 54

ORDER granting 52 Stipulation to continue hearing as to 41 MOTION to Dismiss. Motion Hearing reset for 12/6/2017 02:00 PM in Courtroom 4, 17th Floor, San Francisco before Judge William H. Orrick. Signed by Judge William H. Orrick on 11/13/2017. (jmdS, COURT STAFF) (Filed on 11/13/2017)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

ANDREW SOUKUP (admitted pro hac vice)
COVINGTON & BURLING LLP
One CityCenter
850 Tenth Street, NW
Washington, DC 20001
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
Email: [e-mail]
MEGAN L. RODGERS (SBN 310344)
COVINGTON & BURLING LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, CA 94065
Telephone: + 1 [phone]
Facsimile: + 1 [phone]
Email: [e-mail]
LINDSEY BARNHART (SBN 294995)
COVINGTON & BURLING LLP
One Front Street, Suite 3500
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

15
16
17
18

Attorneys for Defendants Chase Bank USA, N.A.
and JPMorgan Chase Bank, N.A.,
erroneously sued as JPMorgan Chase Bank
[Additional counsel on signature page]

19

UNITED STATES DISTRICT COURT

20

FOR THE NORTHERN DISTRICT OF CALIFORNIA

21

SAN FRANCISCO DIVISION

22
23
24
25
26
27
28

KRISTEN MUEHLENBERG,
Plaintiff,
v.
EXPERIAN INFORMATION SOLUTIONS, INC.;
JPMORGAN CHASE BANK,

Civil Case No.: 3:17-cv-00392-WHO
JOINT STIPULATION AND
ORDER TO CONTINUE
HEARING ON CHASE’S MOTION TO
DISMISS
Original Hearing Date: November 22, 2017
New Hearing Date: December 6, 2017

Defendants.
JOINT STIPULATION AND ORDER TO CONTINUE HEARING ON CHASE’S MOTION TO DISMISS
Case No. 3:17-cv-00392-WHO

1

Plaintiff Kristen Muehlenberg (“Plaintiff”) and defendants Chase Bank USA, N.A. and

2

JPMorgan Chase Bank, N.A., erroneously sued as JPMorgan Chase Bank (collectively, “Chase”)

3

respectfully submit the following stipulation to continue the hearing date on Chase’s motion to dismiss

4

pursuant to Civil L.R. 7-7 and 6-1.

5

1.

On October 2, 2017, Chase filed a motion to dismiss Plaintiff’s second amended

6

complaint and noticed a hearing date of November 15, 2017. Dkt. No. 41. Plaintiff filed an opposition

7

brief on October 16, 2017, Dkt. No. 42, and Chase filed a reply brief on October 23, 2017, Dkt. No. 45.

8
9

2.

On November 8, 2017, the Court ordered the parties to submit supplemental briefing on

the issue of whether the Court may consider Plaintiff’s credit reports when resolving the motion to

10

dismiss. Dkt. No. 51. In that same order, the Court continued the hearing on the motion to dismiss to

11

November 22, 2017. Id.

12

3.

Chase’s lead counsel has a conflict and is unable to attend the hearing on November 22,

13

2017. Declaration of Andrew Soukup in Support of Joint Stipulation and [Proposed] Order to Continue

14

Hearing on Chase’s Motion to Dismiss ¶ 4.

15
16

4.

Pursuant to Civil L.R. 7-7 and 6-1, all parties agree that the hearing shall be continued

until December 6, 2017 at 2:00 p.m., subject to the Court’s availability.

17

5.

The parties have not previously stipulated to continue the hearing date.

18

6.

This stipulation will not alter the date of any other event or deadline already fixed by

19
20
21

Court order.
IT IS SO STIPULATED.
November 9, 2017

COVINGTON & BURLING LLP

22
By: /s/ Megan L. Rodgers
Megan L. Rodgers
Andrew Soukup
Lindsey Barnhart

23
24
25

Attorneys for Defendants Chase Bank
USA, N.A. and JPMorgan Chase Bank,
N.A., erroneously sued as JPMorgan
Chase Bank

26
27
28
1

JOINT STIPULATION AND ORDER TO CONTINUE HEARING ON CHASE’S MOTION TO DISMISS
Case No. 3:17-cv-00392-WHO

1

November 9, 2017

SAGARIA LAW P.C.

2

By: /s/ Elliot W. Gale
Elliot W. Gale

3
4

Attorneys for Plaintiff Kristen
Muehlenberg

5
ATTESTATION

6
7
8

I, Megan L. Rodgers, hereby attest, pursuant to N.D. Cal. Civil L.R. 5-1, that the concurrence to
the filing of this document has been obtained from each signatory hereto.

9
10

DATED: November 9, 2017

By:

/s/ Megan L. Rodgers
Megan L. Rodgers

11
[PROPOSED] ORDER

12
13

Pursuant to stipulation, and good cause having been shown, IT IS HEREBY ORDERED that the

14

hearing on Chase’s motion to dismiss Plaintiff’s second amended complaint is continued to December 6,

15

2017 at 2:00 p.m.

16
17

November 13, 2017
Dated: ________________

__________________________________
Hon. William H. Orrick III
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
2

JOINT STIPULATION AND ORDER TO CONTINUE HEARING ON CHASE’S MOTION TO DISMISS
Case No. 3:17-cv-00392-WHO