Botti v. Trans Union LLC

Filing 28

STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 12/6/11. (lrc, COURT STAFF) (Filed on 12/7/2011)

1
2
3
4

William R. Brown, Esq. (IN #26782-48)
(admitted Pro Hac Vice)
Schuckit & Associates, P.C.
4545 Northwestern Drive
Zionsville, IN 46077
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]

5
Lead Counsel for Defendant Trans Union, LLC
6

11

Michael W. Bien, Esq. (CSB #96891)
Sumana Cooppan, Esq. (CSB # 267967)
Rosen, Bien & Galvan, LLP
315 Montgomery Street, Tenth Floor
San Francisco, CA 94104
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
[e-mail]

12

Local Counsel for Defendant Trans Union, LLC

7
8
9
10

13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

OAKLAND DIVISION

17
18
19
20
21

JOHN R. BOTTI, III
Plaintiff,
vs.
TRANS UNION, LLC,
Defendant.

22

)
)
)
)
)
)
)
)
)
)
)

CASE NO. 4:11-cv-04519-SBA
JOINT STIPULATION FOR
ENLARGMENT OF TIME FOR
PARTIES TO COMPLETE
MEDIATION

23
Pro se Plaintiff John R. Botti, III (“Plaintiff”) and Defendant Trans Union, LLC (“Trans
24
Union”) (collectively, the “Parties”) pursuant to Local Rule 6-2 hereby submit their Joint
25
Stipulation For Enlargement Of Time For Parties To Complete Mediation (the “Joint
26
Stipulation”).
27
In support of the Joint Stipulation, the Parties state:
28
1. On September 12, 2011, pro se Plaintiff filed his Complaint in this action [Doc. No.
JOINT STIPULATION FOR ENLARGMENT OF TIME FOR PARTIES TO COMPLETE MEDIATION – 4:11-CV04519-SBA
Page 1 of 6

1
2

1].
2. On October 21, 2011, the Parties filed a Stipulation And Proposed Order Selecting

3

ADR Process [Doc. No. 17], selecting mediation and requesting a deadline of 120 days in which

4

to complete the mediation.

5
6

3. On October 24, 2011, the Court entered an Order referring the case to mediation and
setting a mediation deadline of February 20, 2012 [Doc. No. 19].

7

4. On November 3, 2011, Trans Union filed a Notice Of Motion And Motion To

8

Dismiss Plaintiff’s Complaint Pursuant To Rule 12(b)(6) For Failure To State A Claim Upon

9

Which Relief Can Be Granted (the “Motion”) [Doc. No. 20].

10
11
12

5.

A hearing on the Motion is scheduled for March 27, 2012 [Doc. No. 24], along with

a Case Management Conference.
6. The parties believe that mediation will not be productive until after the Court has

13

ruled on the Motion and respectfully request that the deadline for completing the mediation be

14

re-set for 90 days from the Court’s ruling on the Motion.

15
16
17

7. This Joint Stipulation will not alter the date of any event or deadline already fixed by
the Court, other than the existing mediation deadline.
8. The only previous time modifications in this case were by stipulation of the parties

18

to extend Trans Union’s time to answer or otherwise respond to Plaintiff’s Complaint [Doc. No.

19

8] and to extend the briefing schedule for Trans Union’s Motion To Dismiss Plaintiff’s

20

Complaint Pursuant To Rule 12(b)(6) [Doc. No. 22].

21
22

9. This Joint Stipulation is not made for the purposes of delay and would not prejudice
any party.

23

THEREFORE, IT IS HEREBY STIPULATED between the Parties that the deadline for

24

completing mediation shall be re-set for 90 days from the Court’s ruling on Trans Union’s

25

Motion To Dismiss Plaintiff’s Complaint Pursuant To Rule 12(b)(6) For Failure To State A

26

Claim Upon Which Relief Can Be Granted [Doc. No. 20].

27
28
JOINT STIPULATION FOR ENLARGMENT OF TIME FOR PARTIES TO COMPLETE MEDIATION – 4:11-CV04519-SBA
Page 2 of 6

1

SO STIPULATED by:

2

7

s/William R. Brown
William R. Brown, Esq. (IN #26782-48)
(admitted Pro Hac Vice)
Schuckit & Associates, P.C.
4545 Northwestern Drive
Zionsville, IN 46077
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]

8

Lead Counsel for Defendant Trans Union, LLC

3

Date: 12/01/11

4
5
6

9

14

Michael W. Bien, Esq. (CSB #96891)
Sumana Cooppan, Esq. (CSB # 267967)
Rosen, Bien & Galvan, LLP
315 Montgomery Street, Tenth Floor
San Francisco, CA 94104
Telephone: [phone]
Fax: [phone]
E-Mail:
[e-mail]
[e-mail]

15

Local Counsel for Defendant Trans Union, LLC

10
11
12
13

16
17

Date: 11/29/11

18
19

s/John R. Botti, III (w/consent)
John R. Botti, III
Pro Se Plaintiff
1163 Capri Drive
Campbell, CA 95008-6003

20
21
22

PURSUANT TO STIPULATION, IT IS SO ORDERED.

23
24
25
26

Dated: _12/6/11

____________________________________
UNITED STATES DISTRICT JUDGE

27
28
JOINT STIPULATION FOR ENLARGMENT OF TIME FOR PARTIES TO COMPLETE MEDIATION – 4:11-CV04519-SBA
Page 3 of 6

1

UNITED STATES DISTRICT COURT

2

FOR THE

3

NORTHERN DISTRICT OF CALIFORNIA

4
5
6

BOTTI et al,

7
Plaintiff,

8
9
10

v.

11
12

TRANS UNION LLC et al,

13
14

Defendant.
/

15
16
17
Case Number: CV11-04519 SBA
18
19
CERTIFICATE OF SERVICE
20
21
22

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District

23
Court, Northern District of California.
24
25
That on December 7, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
26
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
27
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
28

delivery receptacle located in the Clerk's office.
JOINT STIPULATION FOR ENLARGMENT OF TIME FOR PARTIES TO COMPLETE MEDIATION – 4:11-CV04519-SBA
Page 4 of 6

1
2
3
4
5

John R Botti

6

1163 Capri Drive

7

Campbell, CA 95008-6003

8
9
10

Dated: December 7, 2011

11

Richard W. Wieking, Clerk

12

By: LISA R CLARK, Deputy Clerk

13
14
15
PROOF OF SERVICE
16
I, William R. Brown, declare that I am a resident of the State of Indiana, am over the age
17
18

of eighteen years and am not a party to the within action. I am employed with Schuckit &

19

Associates, P.C., whose address is 4545 Northwestern Drive, Zionsville, IN

20

December 1, 2011, I served the following documents:

46077.

On

21
22

JOINT STIPULATION FOR ENLARGMENT OF TIME FOR PARTIES TO
COMPLETE MEDIATION

23

I served the documents on the persons listed below, as follows:

24
25

[ ]

By messenger service. I served the documents by placing them in an envelope
or package addressed to the persons listed below and providing them to a
professional messenger service for service. (A declaration by the messenger is
attached hereto as a separate document.)

[X]

By United States mail. I enclosed the documents in a sealed envelope or
package addressed to the persons listed below and placed the envelope or

26
27
28

JOINT STIPULATION FOR ENLARGMENT OF TIME FOR PARTIES TO COMPLETE MEDIATION – 4:11-CV04519-SBA
Page 5 of 6

1
2
3
4
5

package for collection and mailing in accordance with our ordinary business
practices. I am readily familiar with my firm’s practice for collecting and
processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordinary course of
business with the United States Postal Service, in a sealed envelope with postage
fully prepaid. I am a resident or employed in the county where the mailing
occurred. The envelope or package was placed in the mail at Zionsville,
Indiana.

6
All documents were sent to the following persons in the following manner:
7
8
9
10
11
12

John R. Botti, III
1163 Capri Drive
Campbell, CA 95008-6003
I declare under penalty of perjury under the laws of the State of Indiana that the foregoing is true
and correct, and that this Proof of Service was executed on this 1st day of December, 2011, at
Zionsville, Indiana.

13
14
15
16

21

s/William R. Brown
William R. Brown, Esq. (IN #2678-48)
(admitted Pro Hac Vice)
Schuckit & Associates, P.C.
4545 Northwestern Drive
Zionsville, IN 46077
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]

22

Lead Counsel for Defendant Trans Union, LLC

17
18
19
20

23
24
25
26
27
28
JOINT STIPULATION FOR ENLARGMENT OF TIME FOR PARTIES TO COMPLETE MEDIATION – 4:11-CV04519-SBA
Page 6 of 6