Marquez v. Bank of America, National Association

Filing 48

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)
[e-mail]

2 James M. Treglio, Esq. (SBN 228077)
[e-mail]

3 KEEGAN & BAKER, LLP
4 6156 Innovation Way
Carlsbad, CA 92009
5 Tel: [phone]
Fax: [phone]

6

Walter Haines, Esq. (SBN 71075)

7 [e-mail]
8 THE UNITED EMPLOYEES LAW GROUP

5500 Bolsa Avenue, Ste 201
9 Huntington Beach, CA 92649
Telephone: [phone]
10 Facsimile: [phone]

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