Perez v. Allied Interstate, LLC et al

Filing 27

Order by Hon. Lucy H. Koh granting 13 relief from Case Management Schedule.(lhklc3, COURT STAFF) (Filed on 12/28/2012)

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Scott Maurer, State Bar No. 180830
KATHARINE & GEORGE ALEXANDER
COMMUNITY LAW CENTER
1030 The Alameda
San Jose, CA 95126
Telephone:
408.288.7030
Fax:
408.288.3581
Attorneys for Plaintiff
DAVID R. PEREZ
Erica K. Rocush State Bar No. 262354
[e-mail]
Jill V. Cartwright CA Bar No. 260519
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870
Attorneys for Defendants
ALLIED INTERSTATE LLC, SLM EDUCATION CREDIT
FINANCE CORPORATION (erroneously sued as SLM
EDUCATION FINANCE CORPORATION), SLM FINANCIAL
CORPORATION and SALLIE MAE, INC.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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DAVID R. PEREZ,

Case No. CV 12-03763 HRL

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Plaintiff,
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v.

JOINT MOTION AND STIPULATION FOR
RELIEF FROM CASE MANAGEMENT
SCHEDULE AND [PROPOSED] ORDER

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ALLIED INTERSTATE, LLC, SLM
EDUCATION FINANCE CORPORATION,
SLM FINANCIAL CORPORATION;
SALLIE MAE, INC. AND DOES 1-10,
INCLUSIVE,

Complaint Filed: May 9, 2012

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Defendants.
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13060594_1.DOC
Case No. CV 12-03763 HRL
JOINT MOTION AND STIPULATION FOR RELEIF FROM CASE MANAGEMENT SCHEDULE AND
[PROPOSED] ORDER

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STIPULATION

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Plaintiff David R. Perez (“Plaintiff”) and his attorneys of record, The Katharine & George

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Alexander Community Law Center, by Scott Maurer, attorney at law and Defendants Allied

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Interstate LLC, SLM Education Credit Finance Corporation (erroneously sued as SLM Education

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Finance Corporation), SLM Financial Corporation, and Sallie Mae, Inc. (collectively

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“Defendants”), by their attorneys of record, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., by

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Jill V. Cartwright, attorney at law, hereby stipulate to the following and respectfully move the

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Court for an order changing the initial case management conference and ADR deadlines as follows:

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1.

WHEREAS, Plaintiff filed his Complaint on May 9, 2012 in the Santa Clara

Superior Court; and

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2.

WHEREAS, on July 18, 2012, prior to its deadline to respond to the Complaint,

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Defendant Allied Interstate LLC removed the action to the Northern District of California, San

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Jose Division, with all Defendants consenting to the removal; and

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3.

WHEREAS, on July 18, 2012, the Court issued an Order Setting Initial Case

Management Conference and ADR Deadlines; and

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4.

WHEREAS, on July 26, 2012, the Court signed the parties’ Joint Stipulation to

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Extend Deadline for Defendants’ Response to Plaintiff’s Complaint, giving Defendants until

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September 14, 2012 to file a responsive pleading in this matter; and

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5.

WHEREAS, the current case management deadlines require the parties to conduct

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their initial conference regarding initial disclosures, early settlement, ADR process selection, and

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discovery plan before Defendants file their responsive pleading in this matter; and

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6.

WHEREAS, the parties met and conferred regarding the proposed continuance of

the initial case management conference; and

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7.

WHEREAS, pursuant to Local Rule 16-2(d)-(e) and Local Rule 7, the parties herby

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submit this stipulation for relief from the case management schedule.

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///

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///

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///
13060594_1.DOC
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Case No. CV 12-03763 HRL
JOINT MOTION AND STIPULATION FOR RELEIF FROM CASE MANAGEMENT SCHEDULE AND
[PROPOSED] ORDER

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NOW, THEREFORE, the Parties, through their respective counsel of record AGREE
AND HEREBY STIPULATE to the following changes in the initial case management deadlines:

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Deadline
Last day to:
• meet and confer re:
initial disclosures, early
settlement, ADR
process selection, and
discovery plan
• File ADR Certification
signed by Parties and
Counsel
• File either Stipulation
to ADR Process or
Notice of Need for
ADR Phone
Conference
Last day to file Rule 26(f)
Report, complete initial
disclosures or state objection
on Rule 26(f) Report and file
Case Management Statement
per the Court’s Standing Order
re: Contents of Joint Case
Management Statement
Initial Case Management
Conference in Courtroom 2,
5th Floor SJ at 1:30 pm

Original Date
September 4, 2012

New Date
October 16, 2012

September 18, 2012

October 30, 2012

September 25, 2012

November 6, 2012

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DATED: August 30, 2012

KATHARINE & GEORGE ALEXANDER
COMMUNITY LAW CENTER

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By: /s/ Scott Maurer__________________
Scott Maurer
Attorney for Plaintiff
DAVID R. PEREZ

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13060594_1.DOC
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Case No. CV 12-03763 HRL
JOINT MOTION AND STIPULATION FOR RELEIF FROM CASE MANAGEMENT SCHEDULE AND
[PROPOSED] ORDER

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DATED: August 30, 2012
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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Jill V. Cartwright
Erica K. Rocush
Jill V. Cartwright

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Attorneys for Defendants
ALLIED INTERSTATE LLC, SLM
EDUCATION CREDIT FINANCE
CORPORATION (erroneously sued as SLM
EDUCATION FINANCE CORPORATION),
SLM FINANCIAL CORPORATION and
SALLIE MAE, INC.

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ATTESTATION PER GENERAL ORDER NO. 45 SECTION X.B.
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I hereby attest that I have obtained concurrence in the filing of this document from each of
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the signatories listed above.
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DATED: August 30, 2012
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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ Jill V. Cartwright
Erica K. Rocush
Jill V. Cartwright
Attorneys for Defendants
ALLIED INTERSTATE LLC, SLM
EDUCATION CREDIT FINANCE
CORPORATION (ERRONEOUSLY SUED AS
SLM EDUCATION FINANCE
CORPORATION), SLM FINANCIAL
CORPORATION AND SALLIE MAE, INC.

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13060594_1.DOC
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Case No. CV 12-03763 HRL
JOINT MOTION AND STIPULATION FOR RELEIF FROM CASE MANAGEMENT SCHEDULE AND
[PROPOSED] ORDER

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[PROPOSED] ORDER
Pursuant to the Joint Stipulation for Relief from Case Management Schedule it is hereby
ordered that the Case Management deadlines are modified as follows:

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Deadline
Last day to:
• Meet and confer re:
initial disclosures, early
settlement, ADR
process selection, and
discovery plan
• File ADR Certification
signed by Parties and
Counsel
• File either Stipulation
to ADR Process or
Notice of Need for
ADR Phone
Conference
Last day to file Rule 26(f)
Report, complete initial
disclosures or state objection
on Rule 26(f) Report and file
Case Management Statement
per the Court’s Standing Order
re Contents of Joint Case
Management Statement
Initial Case Management
Conference in Courtroom 2,
5th Floor SJ at 1:30 pm

Original Date
September 4, 2012

New Date
October 16, 2012

September 18, 2012

October 30, 2012

September 25, 2012

November 6, 2012

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: December 28, 2012
Hon. Howard R. Lloyd Lucy H. Koh
Magistrate Judge of the United States District
Court

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13060594_1.DOC
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Case No. CV 12-03763 HRL
JOINT MOTION AND STIPULATION FOR RELEIF FROM CASE MANAGEMENT SCHEDULE AND
[PROPOSED] ORDER