Perez v. Allied Interstate, LLC et al

Filing 31

Order by Hon. Lucy H. Koh granting 30 Motion Relief from Case Management Schedule.(lhklc3, COURT STAFF) (Filed on 4/1/2013)

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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
Trial Date:
February 24, 2013

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Defendants.
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14634449_1.dotx
Case No. CV 12-03763 HRL
JOINT MOTION AND STIPULATION FOR RELEIF FROM CASE MANAGEMENT SCHEDULE AND
[PROPOSED] ORDER

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STIPULATION
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
2.

WHEREAS, on July 18, 2012, Defendant Allied Interstate LLC removed the action

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to the Northern District of California, San Jose Division, with all Defendants consenting to the

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removal; and

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3.

WHEREAS, on January 2, 2013, the parties appeared before the Court at the initial

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Case Management Conference (CMC). During the CMC, the Court assigned the case to Magistrate

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Judge Howard R. Lloyd for a settlement conference. The Court also scheduled a further CMC for

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April 2, 2013.

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4.

WHEREAS, the parties have been attempting to settle the case through negotiations

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but have been unable to do so. The parties believe a settlement conference will be valuable and

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help the parties reach settlement.

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5.

WHEREAS, the Court’s January 2, 2013 Minute Order and Case Management

Order mandates April 2, 2013 as the last day for ADR.
6.

WHEREAS, whereas, to date, no settlement conference has been scheduled by the

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Court or Magistrate Judge Lloyd. On or about March 14, 2013, Ms. Cartwright telephoned the

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Court’s ADR Unit to inquire why no settlement conference had been scheduled. The ADR Unit

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informed Ms. Cartwright that the case had been coded incorrectly and that they would fix this

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issue. To date, the parties have not received any dates for a settlement conference.

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7.

WHEREAS, given the upcoming deadline to conduct the settlement conference—

14634449_1.dotx
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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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without any settlement conferences dates yet provided—and the parties’ desire to attend a

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settlement conference, the parties request relief from the current January 2, 2013 Minute Order and

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Case Management Order by extending the deadlines in the Order for scheduling a settlement

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conference.

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8.

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

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the further case management conference and deadlines within the January 2, 2013 Minute Order

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and Case Management Order; and

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9.

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

submit this stipulation for relief from the case management schedule.
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:

Original Date
April 2, 2013

New Date
April 26, 2013

April 10, 2013

May 1, 2013

June 28, 2013

July 15, 2013

Complete ADR (Settlement
Conference)

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Further CMC
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Fact Discovery Cutoff
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DATED: March 22, 2013

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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14634449_1.dotx
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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: March 22, 2013
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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: March 22, 2013
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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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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:

Original Date
April 2, 2013

New Date
April 26, 2013

April 10, 2013

May 1, 2013

June 28, 2013

July 15, 2013

Complete ADR (Settlement
Conference)

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Further CMC
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Fact Discovery Cutoff
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The parties shall contact Magistrate Judge Lloyd's Courtroom Deputy to schedule a

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settlement conference.
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:

April 1, 2013
Hon. Lucy H. Koh
Judge of the United States District Court

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