Marquez v. Bank of America, National Association
Filing
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ORDER by Judge Claudia Wilken Granting 47 Stipulation to Amend the August 25, 2017 Case Management Order. Case Management Statement due by 11/14/2017; Case Management Conference set for 12/5/2017 02:30 PM. (ndrS, COURT STAFF) (Filed on 10/12/2017)
1 Patrick N. Keegan, Esq. (SBN 167698)
pkeegan@keeganbaker.com
2 James M. Treglio, Esq. (SBN 228077)
jtreglio@keeganbaker.com
3 KEEGAN & BAKER, LLP
4 6156 Innovation Way
Carlsbad, CA 92009
5 Tel: (760) 929-9303
Fax: (760) 929-9260
6
Walter Haines, Esq. (SBN 71075)
7 walter@whaines.com
8 THE UNITED EMPLOYEES LAW GROUP
5500 Bolsa Avenue, Ste 201
9 Huntington Beach, CA 92649
Telephone: (310) 234-5678
10 Facsimile: (562) 256-1006
11 Attorneys for Plaintiff
12 SERGIO MARQUEZ
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION
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16 SERGIO MARQUEZ, an individual, on behalf
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CASE NO. 4:17-cv-00555-CW
of himself and all others similarly situated,
Plaintiff,
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19 vs.
JOINT STIPULATION TO AMEND THE
AUGUST 25, 2017 CASE MANAGEMENT
ORDER AND [PROPOSED] ORDER
THEREON
20 BANK OF AMERICA, N.A., a National
Association with its principle place of business
21 in North Carolina, et al.,
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Defendants.
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This Stipulation is made by and between Plaintiff Sergio Marquez (“Plaintiff”) and
Defendant Bank of America, N.A. (the “Bank”) through their respective counsel and in light of the
following facts:
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JOINT STIPULATION TO AMEND THE AUGUST 25, 2017 CASE MANAGEMENT ORDER AND
[PROPOSED] ORDER THEREON
RECITALS
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WHEREAS, on or about February 2, 2017, Plaintiff filed this action against the Bank, and
3 the Court issued a summons on February 3, 2017;
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WHEREAS, on February 7, 2017, the Court set April 25, 2017 as the date for the Parties to
5 meet and confer regarding initial disclosures, file the ADR certification, and to file a Stipulation to
6 the ADR process;
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WHEREAS, on August 25, 2017, based on a Stipulation of the Parties, the Court set October
8 11, 2017 as the deadline for the Parties to submit their Joint Fed. R. Civ. P. 26(f) Report, and further
9 set the Initial Case Management Conference for November 7, 2017;
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WHEREAS, on September 1, 2017, the Bank filed a Motion to Dismiss Plaintiff’s
11 Complaint;
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WHEREAS, on September 22, 2017, pursuant to Fed. R. Civ. P. 15(a)(1)(G), Plaintiff
13 amended his Complaint by filing his First Amended Complaint;
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WHEREAS, the First Amended Complaint names two additional defendants, Talx
15 Corporation and Business Information Group, Inc.,
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WHEREAS, on October 3, 2017, the Plaintiff and the Bank stipulated to allow the Bank to
17 file its responsive pleading to Plaintiff’s First Amended Complaint on or before October 27, 2017;
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WHEREAS, Defendant Talx Corporation is set to file their responsive pleading on or before
19 October 23, 2017;
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WHEREAS, Defendant Business Information Group, Inc., is set to file its responsive
21 pleading on October 23, 2017;
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WHEREAS, as a result of the inclusion of these new defendants, and with the responsive
23 pleading for the Bank due on October 27, 2017, the Parties do not believe they can submit a
24 substantive Rule 26(f) Report as of this time; and,
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WHEREAS, an Initial Case Management Conference as currently set for November 7, 2017,
26 also may not be productive due to the inclusion of the new Parties.
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JOINT STIPULATION TO AMEND THE AUGUST 25, 2017 CASE MANAGEMENT ORDER AND
[PROPOSED] ORDER THEREON
STIPULATION
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between
3 Plaintiff and the Bank through their respective undersigned counsel that: The Case Management
4 Dates, as set forth in the Court’s August 25, 2017 Order be continued.
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As such, the Parties request that the Case Management Order set the following dates:
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November 14, 2017: Last day to file Rule 26(f) Report, complete initial disclosures or state
7 objection in Rule 26(f) Report and file Case Management Statement per Standing Order re Contents
8 of Joint Case Management Statement;
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December 5, 2017: INITIAL CASE MANAGEMENT CONFERENCE (CMC)
10 DATED: October 11, 2017
KEEGAN & BAKER, LLP
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By: /s/ James M. Treglio, Esq.
James M. Treglio, Esq.
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Attorneys for Plaintiff
SERGIO MARQUEZ
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DATED: October 11, 2017
MCGUIREWOODS LLP
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By:
/s/ Bryan A. Fratkin, Esq.
Bryan A. Fratkin Esq. (pro hac vice)
Attorneys for Defendant
BANK OF AMERICA, N.A.
ATTESTATION
In compliance with Civil Local Rule 5-1(i)(3), regarding signatures, I hereby attest that I
have obtained the concurrence in the filing of this document from all signatories.
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JOINT STIPULATION TO AMEND THE AUGUST 25, 2017 CASE MANAGEMENT ORDER AND
[PROPOSED] ORDER THEREON
[PROPOSED] ORDER
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GOOD CAUSE APPEARING, IT IS HEREBY ORDERD that the August 25, 2017 Case
3 Management Order is amended as follows:
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November 14, 2017: Last day to file Rule 26(f) Report, complete initial disclosures or state
5 objection in Rule 26(f) Report and file Case Management Statement per Standing Order re Contents
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of Joint Case Management Statement;
December 5, 2017: INITIAL CASE MANAGEMENT CONFERENCE (CMC)
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Dated: 10/12/2017
____________________________________
Hon. Judge Claudia Wilken, Judge of the
United States District Court For the Northern
District of California
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JOINT STIPULATION TO AMEND THE AUGUST 25, 2017 CASE MANAGEMENT ORDER AND
[PROPOSED] ORDER THEREON
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