Walker v. Equifax Information Services, LLC et al

Filing 26

ORDER granting #22 Stipulation Re: #1 Complaint, Capital One Services, LLC answer due 10/10/2022. Signed by Magistrate Judge Cam Ferenbach on 9/19/2022. (Copies have been distributed pursuant to the NEF - HAM)

Case 2:22-cv-01338-RFB-VCF Document 26 Filed 09/19/22 Page 1 of 3

1
2
3
4
5
6
7

Jeff Silvestri, Esq. (NSBN 5779)
Karyna M. Armstrong, Esq. (NSBN 16044)
MCDONALD CARANO LLP
2300 West Sahara Avenue, Suite 1200
Las Vegas, Nevada 89102
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant,Capital One Bank
(USA), N.A., erroneously sued as “Capital
One Services, LLC”

8
9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11

Shawn Walker,

12

Case No. 2:22-cv-01338-RFB-VCF
Plaintiff,

13

vs.

14

Equifax Information Services, LLC, Experian
Information Solutions, Inc., Trans Union,
LLC, Ally Financial, Inc., Capital One
Services, LLC, 1st United Credit Union, Bank
of America, N.A., CarMax Auto Superstores,
Inc., JPMorgan Chase Bank, N.A., CoreLogic
Credco, LLC and TD Auto Finance, LLC.,

15
16
17
18

STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT
(FIRST REQUEST)

Defendants.

19
20

Pursuant to Local Rules 6-1 and 6-2, defendant Capital One Bank (USA), N.A. (“Capital

21

One”), erroneously sued as “Capital One Services, LLC,” and plaintiff Shawn Walker (“Plaintiff”),

22

by and through their counsel of record, hereby submit this Stipulation To Extend Capital One’s

23

Time to Respond to Plaintiff’s Complaint, as follows:

24

WHEREAS:

25

1.

Plaintiff filed the Complaint in this matter in this Court on August 17, 2022;

26

2.

Capital One was served with the Complaint on August 19, 2022, which provided for a

27

responsive pleading deadline of September 9, 2022;

28

///

Case 2:22-cv-01338-RFB-VCF Document 26 Filed 09/19/22 Page 2 of 3

3.

1

Capital One conferred with counsel for Plaintiff regarding Capital One’s initial findings

2

and request for information, which may have an impact on whether an early resolution is available

3

before incurring further litigation costs;
4.

4

While the parties continue to discuss, and Capital One continues to research Plaintiff’s

5

allegations, the parties agreed to an extension for Capital One to file its response to the Complaint,

6

such that the responsive pleading deadline would be October 10, 2022;

7

5.

This is the first extension sought in connection with this deadline;

8

6.

This extension is requested to allow the parties time to continue investigating Plaintiff’s

9

claims and exploring the potential for an early resolution; and
7.

10

Neither Plaintiff nor any other party to this action will be prejudiced by the Court

11

granting Capital One the requested relief. Also, the requested extension is not for the purposes of

12

unnecessary delay.

13
14

///

15
16

///

17
18

///

19
20

///

21
22

///

23
24

///

25
26

///

27
28

///
Page 2 of 3

Case 2:22-cv-01338-RFB-VCF Document 26 Filed 09/19/22 Page 3 of 3

1
2
3

NOW, THEREFORE, IT IS HEREBY STIPULATED THAT:
Capital One’s time to file a responsive pleading to Plaintiff’s Complaint is extended. Capital
One shall file its responsive pleading on or before October 10, 2022.

4
DATED: September 16, 2022

DATED: September 16, 2022

KIND LAW

MCDONALD CARANO LLP

9

By: /s/ Michael Kind
Michael Kind (NSBN 13903)
8860 South Maryland Parkway, Ste. 106
Las Vegas, Nevada 89123
[e-mail]

10

Attorneys for Plaintiff Shawn Walker

By: /s/ Jeff Silvestri
Jeff Silvestri (NSBN 5779)
Karyna M. Armstrong (NSBN 16044)
2300 West Sahara Avenue, Ste. 1200
Las Vegas, Nevada 89102
[e-mail]
[e-mail]

5
6
7
8

11
12

Attorneys for Defendant,Capital One
Bank (USA), N.A., erroneously sued as
“Capital One Services, LLC”

13
14
15
16
17
18

IT IS SO ORDERED.
______________________________
Cam Ferenbach
United States Magistrate Judge
9-19-2022
DATED ________________________

19
20
21
22
23
24
25
26
27
28
Page 3 of 3