Agnir v. The Gryphon Solutions, LLC et al

Filing 47

Order by Hon. Lucy H. Koh granting 46 Stipulation to Amend Briefing Schedule.(lhklc2, COURT STAFF) (Filed on 3/22/2013)

Case5:12-cv-04470-LHK Document46 Filed03/21/13 Page1 of 3

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Fred W. Schwinn (SBN 225575)
CONSUMER LAW CENTER, INC.
12 South First Street, Suite 1014
San Jose, California 95113-2418
Telephone Number: [phone]
Facsimile Number: [phone]
Email Address: [e-mail]
Attorney for Plaintiff
ELIZABETH PALISOC AGNIR

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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ELIZABETH PALISOC AGNIR,
Plaintiff,
v.
THE GRYPHON SOLUTIONS, LLC, a
California limited liability company;
MICHAEL CHARLES BRKICH, individually
and in his official capacity; JAY MICHAEL
TENENBAUM, individually and in his official
capacity; IAN NATHAN WILLENS,
individually and in his official capacity,

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Case No. 5:12-CV-04470-LHK-HRL
STIPULATION TO AMEND BRIEFING
SCHEDULE AND [PROPOSED] ORDER
[N.D. Cal. Civ. L.R. 6-2]

Defendants.
THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS:
1.

On August 24, 2012, Plaintiff filed her Complaint (Doc. 1) in this case alleging

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violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and the Rosenthal Fair

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Debt Collection Practices Act, Cal. Civil Code § 1788 et seq. Plaintiff’s Complaint also seeks actual

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damages, statutory damages, declaratory and injunctive relief, attorney fees, and costs pursuant to Cal.
Civil Code §§ 1798.92-1798.97.
2.

On September 24, 2012, Defendants filed their Motion to Dismiss for Failure to

State a Claim Upon Which Relief Can be Granted (Doc. 16).
-1STIPULATION TO AMEND BRIEFING SCHEDULE

Case No. 5:12-CV-04470-LHK-HRL

Case5:12-cv-04470-LHK Document46 Filed03/21/13 Page2 of 3

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3.

On September 25, 2012, Defendants filed their Motion to Strike (Doc. 17).

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4.

Plaintiff filed her Opposition to the Motion to Dismiss (Doc. 26) and Opposition to

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the Motion to Strike (Doc. 27) on October 22, 2012.

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5.

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File First Amended Complaint and Withdrawing Defendants’ Motion to Dismiss and Motion to Strike
(Doc. 36).

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7.

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Claim Upon Which Relief Can be Granted (Doc. 43) and a Motion to Strike Pursuant to FRCP 12(b),
FRCP 12(f) and CCP § 425.16.

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9.

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Defendants motions are currently set for hearing on July 18, 2013, at 1:30 p.m.

before the Honorable Lucy H. Koh (Doc. 45).
10.

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On March 18, 2013, Defendants filed their Motion to Dismiss for Failure to State a

40).

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Thereafter, on March 4, 2013, Plaintiff filed her First Amended Complaint (Doc.

8.

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On February 20, 2013, the parties filed a Stipulation and Order Granting Leave to

34 and 35).

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Thereafter, On February 1, 2013, Defendants engaged their current counsel. (Docs.

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The parties request that the Court enter an order modifying the briefing schedule

for Defendants’ motions as follows:

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a.
b.

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Plaintiff’s opposition briefs shall be filed on or before May 10, 2013.
Defendants’ reply briefs shall be filed on or before May 31, 2013.

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The modified briefing schedule will have no effect on the July 18, 2013, hearing

date.

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The briefing schedule has not been previously modified.

12.

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///

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-2STIPULATION TO AMEND BRIEFING SCHEDULE

Case No. 5:12-CV-04470-LHK-HRL

Case5:12-cv-04470-LHK Document46 Filed03/21/13 Page3 of 3

IT IS SO STIPULATED.

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CONSUMER LAW CENTER, INC.

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Dated: March 21, 2013

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COLEMAN & HOROWITT, LLP

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By: /s/ Fred W. Schwinn
Fred W. Schwinn, Esq.
Attorney for Plaintiff
ELIZABETH PALISOC AGNIR

Dated: March 21, 2013

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By: /s/ Keith M. White
Keith M. White, Esq.
Attorney for Defendants
THE GRYPHON SOLUTIONS, LLC,
MICHAEL CHARLES BRKICH,
JAY MICHAEL TENENBAUM,
and IAN NATHAN WILLENS

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

March 22, 2013
The Honorable Lucy H. Koh
United States District Judge

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-3STIPULATION TO AMEND BRIEFING SCHEDULE

Case No. 5:12-CV-04470-LHK-HRL