Harvey v. Capital One Bank, National Association et al

Filing 16

ORDER Granting 15 Stipulation re 1 Complaint. Capital One Bank, National Association answer due 3/30/2016. Signed by Magistrate Judge Cam Ferenbach on 3/17/16. (Copies have been distributed pursuant to the NEF - TR)

FERNALD LAW GROUP LLP
1 BRANDON C. FERNALD (SBN 10582)
[e-mail]
2 6236 Laredo Street
Las Vegas, NV 89146
3 Tel: [phone]
Fax: [phone]
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Attorneys for Defendant,
5 CAPITAL ONE BANK (USA), N.A.,
Named As Capital One Bank, National Association
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GINA A. HARVEY,

CASE NO.: 2:15-CV-02263-JCM-VCF

Plaintiff,

Assigned To The Hon. Judge James C.
Mahan; Referred To The Hon.
Magistrate Judge Cam Ferenbach

15 CAPITAL ONE BANK, NATIONAL
ASSOCIATION, MACY’S/DSNB,
16 AMERICAN EXPRESS/DSNB,
SILVER STATE SCHOOLS CREDIT
17 UNION, AND EQUIFAX
INFORMATION SERVICES, LLC
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Defendants.
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STIPULATION AND ORDER TO
EXTEND TIME TO RESPOND TO
COMPLAINT

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v.

(THIRD REQUEST)
Complaint Filed:

11/30/2015

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STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT

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Plaintiff Gina A. Harvey (“Plaintiff”), by and through her counsel of record,

2 and Defendant Capital One Bank (USA), N.A., named as “Capital One Bank,
3 National Association” (“Capital One”), by and through its counsel of record, hereby
4 submit this stipulation to extend Capital One’s time to file a responsive pleading to
5 Plaintiff’s Complaint by fourteen (14) days, as follows:
6 WHEREAS:
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1.

Plaintiff filed the Complaint in this matter on November 30, 2015;

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2.

The Parties stipulated and the Court extended Capital One’s deadline to

9 file its responsive pleading to the Complaint to March 2, 2016 and March 16, 2016;
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3.

The Parties agree that a further brief extension of time for Capital One to

11 file its responsive pleading to the Complaint would benefit both Parties because it will
12 allow them to continue to gather additional facts and information while continuing to
13 devote their resources to exploring the potential for early resolution of this matter
14 before incurring further fees and costs;
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4.

Capital One and Plaintiff have agreed to extend Capital One’s deadline

16 to respond to Plaintiff’s Complaint by fourteen (14) days to Wednesday, March 30,
17 2016;
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STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT

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NOW, THEREFORE, IT IS HEREBY STIPULATED THAT:

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Capital One will file its responsive pleading to Plaintiff’s Complaint on or

3 before Wednesday, March 30, 2016.
4 IT IS SO STIPULATED.
5 DATED: March 16, 2016

Haines & Krieger, LLC

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By: /s/ David H. Krieger______________
DAVID H. KRIEGER
Nevada Bar No. 9086
Attorneys for Plaintiff
GINA A. HARVEY

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10 DATED: March 16, 2016

Fernald Law Group LLP

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By:_/s/_Brandon C. Fernald____________
BRANDON C. FERNALD
Nevada Bar No.10582
Attorneys for Defendant,
CAPITAL ONE BANK (USA), N.A.

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ORDER
The Court has reviewed the Stipulation filed by Plaintiff Gina A. Harvey and

17 Defendant Capital One Bank (USA), N.A., named as “Capital One Bank, National
18 Association” (“Capital One”), to extend Capital One’s time to file a responsive
19 pleading by 14 days. The Stipulation is incorporated herein by reference. Good
20 cause appearing thereon, the Court hereby orders as follows:
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Capital One’s time to file a responsive pleading to the Complaint is hereby

22 extended. Capital One shall file its responsive pleading to the Complaint on or before
23 March 30, 2016. No further extensions will be granted.
24 IT IS SO ORDERED.
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26 DATED:

3-17-2016

______________________________
The Honorable Judge Cam Ferenbach
United States Magistrate Judge

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STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT