Perez v. Allied Interstate, LLC et al

Filing 34

Order by Hon. Lucy H. Koh granting in part and denying in part 33 Motion for Relief from Case Management Schedule.(lhklc3, COURT STAFF) (Filed on 4/24/2013)

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Scott Maurer, State Bar No. 180830
[e-mail]
KATHARINE & GEORGE ALEXANDER
COMMUNITY LAW CENTER
1030 The Alameda
San Jose, CA 95126
Telephone:
408.288.7030
Facsimile:
408.288.3581
Attorneys for Plaintiff
DAVID R. PEREZ

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Erica K. Rocush, State Bar No. 262354
[e-mail]
Jill V. Cartwright, State 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.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID R. PEREZ,
Plaintiff,
v.

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

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

Complaint Filed: May 9, 2012

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Case No. CV 12-03763 LHK
JOINT MOTION AND STIPULATION FOR RELIEF 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 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, thereafter the Court granted a Joint Stipulation for Relief from Case

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Management Schedule on April 1, 2013 which modified the Case Management deadlines and

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ordered the parties to contact Judge Lloyd’s Courtroom Deputy to schedule a Settlement

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Conference. The April 1, 2013 Order modifying the dates required the parties to Complete ADR by

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April 26, 2013.

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5.

WHEREAS, the parties immediately contacted Judge Lloyd’s courtroom Deputy,

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who informed the parties that Judge Lloyd was unavailable until May. The parties conferred and

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scheduled a settlement conference with Judge Lloyd on May 17, 2013.

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6.

WHEREAS, given that the upcoming deadline to complete the settlement

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conference occurs before the scheduled May 17th conference, the parties request relief from the

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April 1, 2013 Order and Case Management Schedule by extending the deadlines;
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Case No. CV 12-03763 LHK
JOINT MOTION AND STIPULATION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE AND
[PROPOSED] ORDER

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7.

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

the deadlines within the April 1, 2013 Order and Case Management Schedule; and
8.

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:

Previous Date
April 2, 2013

New Date
May 17, 2013

April 10, 2013

May 29, 2013

June 28, 2013

July 29, 2013

Complete ADR (Settlement
Conference)
Further CMC
Fact Discovery Cutoff

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DATED: April 23, 2013

KATHARINE & GEORGE ALEXANDER
COMMUNITY LAW CENTER

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By:

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Attorney for Plaintiff
DAVID R. PEREZ

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/s/ Scott Maurer
Scott Maurer

DATED: April 23, 2013

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
By:

/s/ Jill 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 LHK
JOINT MOTION AND STIPULATION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE AND
[PROPOSED] ORDER

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SIGNATURE ATTESTATION
Pursuant to Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from the other signatories.

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DATED: April 23, 2013

By:

/s/ Jill Cartwright
Jill V. Cartwright

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Case No. CV 12-03763 LHK
JOINT MOTION AND STIPULATION FOR RELIEF 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:

Previous Date
April 2, 2013

New Date
May 17, 2013
The parties shall file a joint
settlement status report by
May 24, 2013

April 10, 2013

May 29, 2013 June 12, 2013

June 28, 2013

July 29, 2013

Complete ADR (Settlement
Conference)
Further CMC
Fact Discovery Cutoff

June 28, 2013

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: April 24, 2013
Hon. Lucy H. Koh
Judge of the United States District Court

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14860232.1

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