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)

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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 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION 15 16 SERGIO MARQUEZ, an individual, on behalf 17 CASE NO. 4:17-cv-00555-CW of himself and all others similarly situated, Plaintiff, 18 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., 22 Defendants. 23 24 25 26 27 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: 28 JOINT STIPULATION TO AMEND THE AUGUST 25, 2017 CASE MANAGEMENT ORDER AND [PROPOSED] ORDER THEREON RECITALS 1 2 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; 4 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; 7 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; 10 WHEREAS, on September 1, 2017, the Bank filed a Motion to Dismiss Plaintiff’s 11 Complaint; 12 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; 14 WHEREAS, the First Amended Complaint names two additional defendants, Talx 15 Corporation and Business Information Group, Inc., 16 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; 18 WHEREAS, Defendant Talx Corporation is set to file their responsive pleading on or before 19 October 23, 2017; 20 WHEREAS, Defendant Business Information Group, Inc., is set to file its responsive 21 pleading on October 23, 2017; 22 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, 25 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. 27 28 2 JOINT STIPULATION TO AMEND THE AUGUST 25, 2017 CASE MANAGEMENT ORDER AND [PROPOSED] ORDER THEREON STIPULATION 1 2 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. 5 As such, the Parties request that the Case Management Order set the following dates: 6 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; 9 December 5, 2017: INITIAL CASE MANAGEMENT CONFERENCE (CMC) 10 DATED: October 11, 2017 KEEGAN & BAKER, LLP 11 12 By: /s/ James M. Treglio, Esq. James M. Treglio, Esq. 13 Attorneys for Plaintiff SERGIO MARQUEZ 14 15 16 DATED: October 11, 2017 MCGUIREWOODS LLP 17 18 19 20 21 22 23 24 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. 25 26 27 28 3 JOINT STIPULATION TO AMEND THE AUGUST 25, 2017 CASE MANAGEMENT ORDER AND [PROPOSED] ORDER THEREON [PROPOSED] ORDER 1 2 GOOD CAUSE APPEARING, IT IS HEREBY ORDERD that the August 25, 2017 Case 3 Management Order is amended as follows: 4 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 6 7 of Joint Case Management Statement; December 5, 2017: INITIAL CASE MANAGEMENT CONFERENCE (CMC) 8 9 Dated: 10/12/2017 ____________________________________ Hon. Judge Claudia Wilken, Judge of the United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATION TO AMEND THE AUGUST 25, 2017 CASE MANAGEMENT ORDER AND [PROPOSED] ORDER THEREON

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