Otero v. Experian Information Solutions, Inc. et al

Filing 32

STIPULATION AND ORDER re 29 STIPULATION WITH PROPOSED ORDER Stipulation to Extend Time for Defendant Wells Fargo Bank, N.A. to Respond to First Amended Complaint and [Proposed] Order filed by Wells Fargo Bank, National Association. Signed by Judge Edward M. Chen on 5/26/17. (bpfS, COURT STAFF) (Filed on 5/26/2017)

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1 MARY KATE SULLIVAN (State Bar No. 180203) mks@severson.com 2 ALISA A. GIVENTAL (State Bar No. 273551) aag@severson.com 3 SEVERSON & WERSON A Professional Corporation 4 One Embarcadero Center, Suite 2600 San Francisco, California 94111 5 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 6 Attorneys for Defendants 7 WELLS FARGO BANK, N.A. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO 10 EARLENE OTERO, Case No. 3:17-CV-00508-EMC 11 Plaintiff, 12 vs. 13 STIPULATION TO EXTEND TIME FOR DEFENDANT WELLS FARGO BANK, N.A. TO RESPOND TO FIRST AMENDED COMPLAINT AND [PROPOSED] ORDER EXPERIAN INFORMATION SOLUTIONS, 14 INC.; WELLS FARGO BANK, NATIONAL ASSOCIATION AND DOES 1 THROUGH 15 100 INCLUSIVE, 16 Defendant. 17 18 Plaintiff EARLENE OTERO (“Plaintiff”) and defendant WELLS FARGO BANK, N.A. 19 (“Defendant”), hereby stipulate as follows: 20 RECITALS 21 1. Plaintiff filed this action against Defendant on January 31, 2017 and served 22 Defendant on February 2, 2017. 23 2. Defendant’s initial deadline to respond to the Complaint was February 23, 2017 24 3. Plaintiff and Defendant agreed to extend the time for Defendant to respond to the 25 Complaint up to and including March 27, 2017, so that Defendant could have additional time to 26 investigate this matter and the parties may explore the possibility of settlement. 27 4. On or about March 15, 2017, Plaintiff informed Defendant that he intended to file a 28 First Amended Complaint in the Action no later than April 7, 2017. Accordingly, Plaintiff and 3:17-CV-00508-EMC 07685.1803/10750342.1 1 STIPULATION TO EXTEND TIME FOR DEFENDANT WELLS FARGO BANK, N.A. TO RESPOND TO FIRST AMENDED COMPLAINT AND [PROPOSED] ORDER 1 Defendant agreed that Defendant’s deadline to respond to the complaint should be further 2 extended to, April 28, 2017, which was 21 days from the anticipated date of Plaintiff filing an 3 amended complaint. 4 5. Plaintiff did not file an amended Complaint by April 7, 2017, but indicated her 5 intention to do so in the near future. Accordingly, the parties agreed to extend Defendant’s 6 response deadline to May 26, 2017. 7 6. Plaintiff and Defendant stipulate that Defendant’s deadline to respond to the 8 anticipated First Amended Complaint or, in the event no amended complaint is filed, the initial 9 complaint, shall be up to and including May 26, 2017. 10 7. Plaintiff filed the First Amended Complaint on April 28, 2017. Based on the 11 allegations in the First Amended Complaint and informal discovery, Plaintiff and Defendant are 12 exploring settlement and stipulate that Defendant’s deadline to respond to the First Amended 13 Complaint shall be extended by another 31 days, up to and including June 26, 2017. 14 8. This change in deadline will not alter the date of any event or any deadline already 15 fixed by Court order, local rules, or the Federal Rules of Civil Procedure. 16 THEREFORE, the parties stipulate as follows: 17 STIPULATION 18 1. The deadline for Defendant to respond to the anticipated First Amended Complaint 19 or, in the event no amended complaint is filed, the initial complaint, shall be up to and including 20 June 26, 2017. 21 2. This change in deadline will not alter the date of any event or any deadline already 22 fixed by Court order, local rules, or the Federal Rules of Civil Procedure. 23 IT IS SO STIPULATED. 24 DATED: May 25, 2017 SAGARIA LAW, P.C. 25 26 By: 27 28 07685.1803/10750342.1 /s/ Elliot W. Gale Elliot W. Gale Attorneys for Plaintiff EARLENE OTERO 3:17-CV-00508-EMC 2 STIPULATION TO EXTEND TIME FOR DEFENDANT WELLS FARGO BANK, N.A. TO RESPOND TO FIRST AMENDED COMPLAINT AND [PROPOSED] ORDER 1 2 DATED: May 25, 2017 SEVERSON & WERSON A Professional Corporation 3 4 By: /s/ Alisa A. Givental Alisa A. Givental 5 6 Attorneys for Defendants WELLS FARGO BANK, N.A. 7 8 Pursuant to Local Rule 5-1(i)(3), I -- Alisa A. Givental – attest that concurrence in the filing of 9 this document has been obtained from Elliot W. Gale. /s/ Alisa A. Givental 10 [PROPOSED] ORDER 11 12 Pursuant to the stipulation of the parties and good cause appearing, Wells Fargo Bank, 13 N.A.’s deadline to respond to the anticipated First Amended Complaint or, in the event no 14 amended complaint is filed, the initial complaint, shall be up to and including June 26, 2017. No 15 other deadlines shall be affected by this Order. S R NIA S UNIT ED R NIA FO M. Chen LI S UNIT ED ORDERED Judge Edward A A S DISTRICT TE C TA IT IS SO ER H H C RT RT FO M. Chen F D IS T IC T O R NO NO R NIA ORDERED Judge Edward N RT U O S DISTRICT TE C TA IT IS SO ER RT U O 19 RED E ______________________________________ O ORD IT IS S EDWARD M. CHEN HONORABLE UNITED STATES JUDGE n M. Che Edward Judge LI 5/26/17 18 DATE: _______________ UNIT ED 17 S DISTRICT TE C TA RT U O N F D IS T IC T O R C A H N F D IS T IC T O R C H ER LI RT FO M. Chen FO NO R NIA ORDERED Judge Edward LI UNIT ED S DISTRICT TE C TA IT IS SO ER RT U O RT 21 S NO 20 22 23 A 16 IT IS SO ORDERED. N F D IS T IC T O R C 24 25 26 27 28 3:17-CV-00508-EMC 3 STIPULATION TO EXTEND TIME FOR DEFENDANT WELLS FARGO BANK, N.A. TO RESPOND TO FIRST AMENDED COMPLAINT AND [PROPOSED] ORDER 07685.1803/10750342.1

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