Fausto et al v. Credigy Services Corporation et al

Filing 180

ORDER re 179 Stipulation, filed by Watsonville Law Center. Signed by Judge Richard Seeborg on 10/30/08. (rssec, COURT STAFF) (Filed on 10/30/2008)

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BERNARD A. BURK (No. 118083) Email: [e-mail] D'LONRA C. ELLIS (No. 239623) Email: [e-mail] HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4024 Telephone: [phone] Facsimile: 415/217-5910 Attorneys for Non-Party WATSONVILLE LAW CENTER

*E-FILED 10/30/08*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MANUEL G. FAUSTO, and LUZ FAUSTO, Plaintiffs, v. CREDIGY SERVICES CORPORATION, et al., Defendants. CREDIGY SERVICES CORPORATION,

No. C07 05658 JW (RS) STIPULATED REQUEST FOR AN ORDER TO EXTEND BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO COMPEL COMPLIANCE WITH SUBPOENA TO WATSONVILLE LAW CENTER PURSUANT TO CIVIL LOCAL RULE 6-2 Date: Time: Ctrm: November 26, 2008 9:30 a.m. 4, 5th Floor

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Counterclaimant,
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v.
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LUZ FAUSTO and ROES 1 through 25,
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[Requested changes will affect only briefing schedule, not hearing date] The Honorable Richard Seeborg

Counterdefendants.
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STIPULATED REQUEST FOR AN ORDER TO EXTEND BRIEFING SCHEDULE

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Non-party Watsonville Law Center (the "Center") and Defendants Credigy Services Corporation, Credigy Receivables, Inc., and Credigy Solutions, Inc. (collectively "Defendants"), by and through their respective counsel, hereby enter into this Stipulated Request To Extend Briefing Schedule For Defendants' Motion To Compel Compliance With Subpoena To Watsonville Law Center ("Stipulation") with reference to the following recitals: RECITALS A. On October 22, 2008, Defendants moved to compel further compliance with a

subpoena Defendants issued to the Center in this action. B. The motion to compel was noticed and calendared for November 26, 2008. The

Center's opposition brief to the motion is currently due on November 5, 2008. Defendants' reply brief in support of the motion is due on November 12, 2008. C. D. The Center recently retained pro bono counsel to oppose the motion to compel. The Court will hear a separate discovery motion on November 5, 2008 that the

Center believes may influence the scope and resolution of Defendants' motion to compel against the Center. Specifically, Plaintiffs have moved to quash a subpoena Defendants issued to Plaintiff's counsel Balam Letona, as well as to quash the subpoena to the Center at issue in Defendants' motion to compel. Defendants disagree that the disposition of the motion to quash will have any effect on the motion to compel, but are nevertheless willing to accommodate the Center's request to adjust the briefing schedule for the convenience of the Center and its counsel. AGREEMENT The Parties hereby agree, subject to the Court's approval, as follows: 1. The Center shall have through and including November 10, 2008 (or such date as

the Court may order) to file and serve their opposition to the motion to compel. 2. Defendants shall have through and including November 17, 2008 (or such date as

the Court may order) to file and serve their reply brief in support of the motion to compel. 3. The motion to compel will be heard on November 26, 2008 as originally noticed.
-1STIPULATED REQUEST FOR AN ORDER TO EXTEND BRIEFING SCHEDULE

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4.

Each person executing this Stipulation represents that it has full authority and

capacity to make the commitments contained in this Stipulation. 5. Each party shall bear its own costs and attorneys' fees in connection with this

Stipulated Request. DATED: October 29, 2008. BERNARD A. BURK D'LONRA C. ELLIS HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation By: /s/ BERNARD A. BURK

Attorneys for Non-Party WATSONVILLE LAW CENTER DATED: October 29, 2008. TOMIO B. NARITA JEFFREY A. TOPOR SIMMONDS & NARITA LLP By: /s/ TOMIO NARITA

Attorneys for Defendants CREDIGY SERVICES CORPORATION, CREDIGY RECEIVABLES, INC., and CREDIGY SOLUTIONS, INC. ATTESTATION
I, Bernard A. Burk, am the ECF User whose identification and password are being used to file this Stipulated Request For An Order To Extend Briefing Schedule For Defendants' Motion To Compel Compliance With Subpoena To Watsonville Law Center Pursuant To Civil Local Rule 6-2. In compliance with General Order 45.X.B, I hereby attest that Tomio Narita has concurred in this filing.

DATED: October 29, 2008.

HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation By: /s/ BERNARD A. BURK

Attorneys for Non-Party WATSONVILLE LAW CENTER
-2STIPULATED REQUEST FOR AN ORDER TO EXTEND BRIEFING SCHEDULE

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
30 DATED: October ___, 2008.

HONORABLE RICHARD SEEBORG UNITED STATES DISTRICT COURT JUDGE

-3STIPULATED REQUEST FOR AN ORDER TO EXTEND BRIEFING SCHEDULE