Daugherty v. Experian Information Solutions, Inc. et al

Filing 39

STIPULATION AND ORDER re 36 Proposed Order filed by Byron D. Daugherty, CitiBank (South Dakota), N.A.. Signed by Judge ARMSTRONG on 10/21/11. (lrc, COURT STAFF) (Filed on 10/24/2011)

1 JAMES J. BERGMANN (SBN 220447)

Law Office of James J. Bergmann

2 631 5th Street, Suite 201

Santa Rosa, CA 95404

3 Telephone: [phone]

Facsimile: [phone]

4 [e-mail]
5 Attorney for Plaintiff
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Byron D. Daugherty

7 TOMIO B. NARITA (SBN 156576)

R. TRAVIS CAMPBELL (SBN 271580)

8 SIMMONDS & NARITA LLP

44 Montgomery St. Suite 3010

9 San Francisco, CA 94104

Telephone: [phone]

10 Facsimile: [phone]

[e-mail]

11 [e-mail]
12 Attorneys for Defendant

Citibank, N.A., successor in interest to

13 Citibank (South Dakota), N.A.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION
CASE NO. C 11-01285-SBA
18 BYRON D. DAUGHERTY,
Plaintiff,
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STIPULATION TO STAY
vs.
DISCOVERY AND ENLARGE
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TIME TO FILE PLAINTIFF’S
EXPERIAN INFORMATION
OPPOSITION TO
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SOLUTIONS, INC.;
DEFENDANT CITIBANK’S
TRANS UNION LLC;
MOTION TO COMPEL
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EQUIFAX INFORMATION SERVICES
ARBITRATION; ORDER
LLC;
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CITIBANK (SOUTH DAKOTA), N.A.;
24 and DOES 1 through 30, inclusive,
Assigned to: Hon. Saundra
Defendants.
Brown Armstrong
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STIPULATION TO STAY DISCOVERY AND ENLARGE TIME TO FILE PLAINTIFF’S OPPOSITION TO
DEFENDANT CITIBANK’S MOTION TO COMPEL ARBITRATION; PROPOSED ORDER - C 11-01285-SBA

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Plaintiff Byron D. Daugherty (“Plaintiff”) and Defendant Citibank, N.A.,

2 successor in interest to Citibank (South Dakota) N.A. (“Citibank”) hereby stipulate
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to the following:

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1. WHEREAS Plaintiff filed the Complaint in this action on March 16, 2011;

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2. WHEREAS In response to the Complaint, Citibank filed a Motion to
Compel Arbitration on August 19, 2011;

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3. WHEREAS Plaintiff’s deadline to oppose Citibank’s Motion to Compel
Arbitration was September 2, 2011;

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4. WHEREAS On September 19, 2011, Plaintiff had not filed an opposition
to Citibank’s Motion to Compel Arbitration;

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5. WHEREAS Citibank filed a Reply in support of its’ Motion to Compel

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Arbitration on September 19, 2011;
6. WHEREAS Plaintiff and Citibank do not wish to engage in discovery

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prior to the Court’s ruling on Citibank’s Motion to Compel Arbitration;
7. WHEREAS On October 12, 2011, Plaintiff and Citibank agreed to stay the

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24 exchange of initial disclosures and all discovery between them until the Court rules
25 on the pending Motion to Compel Arbitration;
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STIPULATION TO STAY DISCOVERY AND ENLARGE TIME TO FILE PLAINTIFF’S OPPOSITION TO
DEFENDANT CITIBANK’S MOTION TO COMPEL ARBITRATION; PROPOSED ORDER - C 11-01285-SBA

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8. WHEREAS On October 12, 2011, Citibank agreed to allow Plaintiff to file

2 an opposition to its Motion to Compel Arbitration on or before October 14, 2011
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and Plaintiff agreed to allow Citibank to file an amended reply in support of the

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5 Motion to Compel Arbitration on or before 21 days after Plaintiff files his
6 opposition.
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9. WHEREAS There has been no prior request to the Court to extend

9 Plaintiff’s time to file an opposition to Citibank’s Motion to Compel Arbitration,
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and the requested extension of time will have no effect on the case schedule;
10. THEREFORE Plaintiff and Citibank by and through their counsel, hereby

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stipulate and agree that 1) the exchange of initial disclosures and all discovery

15 between Plaintiff and Citibank is stayed pending the Court’s ruling on Citibank’s
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Motion to Compel Arbitration; 2) Plaintiff’s deadline to file an opposition to

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Citibank’s Motion to Compel Arbitration is October 14, 2011; 3) Citibank’s

19 deadline to file an amended reply in support of its’ Motion to Compel Arbitration
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will be 21 days after Plaintiff files his opposition.

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IT IS SO STIPULATED.

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24 DATED: October

14 , 2011

Law Office of James J. Bergmann

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By: /s/ James J. Bergmann

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STIPULATION TO STAY DISCOVERY AND ENLARGE TIME TO FILE PLAINTIFF’S OPPOSITION TO
DEFENDANT CITIBANK’S MOTION TO COMPEL ARBITRATION; PROPOSED ORDER - C 11-01285-SBA

James J. Bergmann
Attorney for Plaintiff Byron D. Daugherty

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DATED: October

14 , 2011

Simmonds & Narita LLP

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By: /s/ R. Travis Campbell
R. Travis Campbell
Attorneys for Defendant Citibank, N.A.,
successor in interest to Citibank (South
Dakota) N.A.

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PURSUANT TO STIPULATION, IT IS SO ORDERD.

11 DATED: _10/21/11

_______________________________
SAUNDRA BROWN ARMSTRONG
U.S. District Judge

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STIPULATION TO STAY DISCOVERY AND ENLARGE TIME TO FILE PLAINTIFF’S OPPOSITION TO
DEFENDANT CITIBANK’S MOTION TO COMPEL ARBITRATION; PROPOSED ORDER - C 11-01285-SBA