Geetesh v. Capital One,N.A. et al

Filing 53

STIPULATION AND ORDER 52 Re: Continuance of Discovery Cutoff Date, Dispositive Motion Hearing Cutoff Date and Trial Date: Jury Trial set for 4/22/2013 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Motion Hearing set fo r 3/1/2013 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 4/11/2013 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Discovery cutoff 1/14/2013. Signed by Judge Ronald M. Whyte on 12/20/12. (jgS, COURT STAFF) (Filed on 12/20/2012)

1
2
3
4
5
6
7

Suzanne S. Storm (State Bar No. 229003)
ATTLESEY | STORM, LLP
2552 Walnut Avenue, Suite 100
Tustin, CA 92780
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant ING Bank FSB erroneously named as CAPITAL ONE, N.A.,
successor in interest to ING BANK FSB

8
9

UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF

10

CALIFORNIA – SAN JOSE DIVISION

11
12
13
14
15
16
17
18
19
20

GEETESH GOYAL,

)
)
Plaintiff,
)
)
vs.
)
CAPITAL ONE, N.A., successor in
)
)
interest to ING BANK, FSB;
INTEGRATED LENDER SERVICES, )
INC.; and DOES 1 through 100, inclusive )
)
Defendants.
)
)

CASE NO.: CV 12-02759 RMW
STIPULATION RE CONTINUANCE
OF DISCOVERY CUTOFF DATE,
DISPOTIVE MOTION HEARING
CUT OFF DATE AND TRIAL DATE;
[] ORDER THEREON

TO THE HONORABLE COURT:

21

Plaintiff GEETESH GOYAL (“GOYAL”) and Defendant ING Bank FSB

22

erroneously named as CAPITAL ONE, N.A., successor in interest to ING BANK FSB

23

(“CAPITAL ONE”) (collectively “Parties 1”) by and through their counsel of record

24

have entered into the following Stipulation respectfully requesting an Order from this

25
26
1

27
28

On June 12, 2012 Defendant INTEGRATED LENDER SERVICES, INC., filed a
Declaration of Non-Monetary Status without objection thus making it a nominal party to these
proceedings.
PAGE 1

STIPULATION RE CONTINUANCE OF DISCOVERY CUTOFF DATE, DISPOTIVE
MOTION HEARING CUT OFF DATE AND TRIAL DATE

1

Court as follows:

2

WHEREAS GOYAL served his Initial Disclosures on August 31, 2012;

3

WHEREAS CAPTIAL ONE requested copies of the documents referenced in

4

the initial disclosures beginning September 5, 2012;

5

WHEREAS CAPTIAL ONE served Request for Production of Documents

6

(Set 1) to GOYAL on September 12, 2012 seeking the documents in GOYAL’s Initial

7

Disclosures as well as other documents supporting GOYAL’s claims;

8

WHEREAS after repeated assurances the documents would be forthcoming

9

from GOYAL, CAPITAL ONE was forced to file a Motion to Compel Reponses to its

10

Requests for Production on November 13, 2012 with a hearing date of December 18,

11

2012;

12

WHEREAS on December 4, 2012, GOYAL produced a portion of documents

13

responsive to CAPTIAL ONE’s Request for Production of Documents at his

14

deposition;

15

WHEREAS on December 17, 2012, GOYAL served his formal Response to

16

Requests for Production of Documents (Set 1) with additional documents not

17

produced at GOYAL’s December 4, 2012 deposition;

18

WHEREAS the discovery cut off is currently set for December 21, 2012;

19

WHEREAS GOYAL has agreed to allow CAPITAL ONE to complete his

20
21
22

deposition regarding the new documents produced;
WHEREAS CAPITAL ONE intends to take the second section of GOYAL’s
deposition on or before January 14, 2013;

23

WHEREAS the Parties have stipulated to extend the discovery cut off from

24

December 21, 2012 to January 14, 2013 to allow CAPITAL ONE to complete its

25

deposition of GOYAL;

26
27
28

WHEREAS CAPITAL ONE intends to file a Motion for Summary Judgment
after completing GOYAL’s deposition;
PAGE 2

STIPULATION RE CONTINUANCE OF DISCOVERY CUTOFF DATE, DISPOTIVE
MOTION HEARING CUT OFF DATE AND TRIAL DATE

1

WHEREAS the last day to file a dispositive motion currently is December 28,

2

2012 in order to be heard by the dispositive motion hearing date cut off set for

3

February 1, 2013;

4

WHEREAS the Parties stipulate to extend the dispositive motion hearing cut

5

off date to March 1, 2013 to allow CAPITAL ONE to complete its discovery and

6

prepare its Motion for Summary Judgment;

7
8
9
10

WHEREAS the Pretrial Conference and Trial are currently set for March 7,
2013 and March 18, 2013 respectively;
WHEREAS the Parties stipulate to continue the Pretrial Conference and Trial
to April 11, 2013 and April 22, 2013 or any later date acceptable to the Court.

11
12

Dated: December 20, 2012

ATTLESEY | STORM, LLP

13
14

/s/ Suzanne S. Storm
Suzanne S. Storm., Attorney for Defendant

15
16
17

Dated: December 20, 2012

LAW OFFICES OF QUADRA DAY

18
19

/s/ Jamie Edwards Quadra
Jamie Edwards Quadra, Attorney for
Plaintiff

20
21
22

PURSUANT TO STIPULATION, IT IS SO ORDERED.

23
24
25
26

Dated: ___________________

_________________________________
Honorable Ronald M. Whyte

27
28

PAGE 3

STIPULATION RE CONTINUANCE OF DISCOVERY CUTOFF DATE, DISPOTIVE
MOTION HEARING CUT OFF DATE AND TRIAL DATE