Fazio v. Experian Information Solutions, Inc., et al

Filing 53

ORDER extending time to respond to amended complaint re 51 STIPULATION WITH PROPOSED ORDER re 46 Amended Complaint to Extend Time to Respond filed by Bank of America, N.A. Response due 8/29/2012 Signed by Judge Charles R. Breyer on 8/3/2012. (beS, COURT STAFF) (Filed on 8/3/2012)

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San Francisco, CA 94105 560 Mission Street, 25th Floor Bryan Cave LLP 1 STEBURG LAW FIRM Anita L. Steburg, California Bar No. 245933 2 1798 Technology Drive, Suite 258 San Jose, CA 95110 (408) 573-1122 3 Telephone: Facsimile: (408) 573-1126 anita@steburglawfirm.com 4 E-Mail: 5 Attorneys for Plaintiff JAMES N. FAZIO 6 BRYAN CAVE LLP 7 C. Scott Greene, California Bar No. 277445 Bahareh Mostajelean, California Bar No. 258903 8 Gerald S. Richelson, California Bar No. 267705 560 Mission Street, 25th Floor 9 San Francisco, CA 94105 Telephone: (415) 675-3400 (415) 675-3434 10 Facsimile: E-Mail: scott.greene@bryancave.com bahareh.mostajelean@bryancave.com 11 richelsong@bryancave.com 12 Attorneys for Defendant 13 BANK OF AMERICA, N.A. 14 UNITED STATES DISTRICT COURT 15 FOR THE NORTHERN DISTRICT OF CALIFORNIA 16 JAMES N. FAZIO, an individual, Case No. CV12-00497-CRB 17 Plaintiff, JOINT STIPULATION EXTENDING DEFENDANTS’ TIME TO RESPOND TO COMPLAINT AND [PROPOSED] ORDER 18 v. 19 EXPERIAN INFORMATION SOLUTIONS, 20 INC.; TRANS UNION L.L.C.; EQUIFAX INFORMATION SERVICES, L.L.C.; BANK 21 OF AMERICA, N.A. AS SUCCESSOR BY MERGER TO BAC HOME LOANS 22 SERVICING, LP; The Honorable Charles R. Breyer Complaint Filed: Trial Date: January 31, 2012 Not Assigned Defendants. 23 24 STIPULATION 25 26 27 Defendant Bank of America, N.A. (“Defendant”), and Plaintiff James Fazio (“Plaintiff”), by and through their counsel of record, hereby stipulate and agree as follows: 1. Plaintiff filed a First Amended Complaint for Violations of Fair Credit Reporting 28 SF01DOCS96465.1 JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME 1 Act (15 U.S.C. 1681) (“FAC”) on July 11, 2012. 2 2. Defendant was served with the FAC electronically on the same day, thereby setting 3 the deadline to respond at July 30, 2012. 4 3. The parties have renewed settlement possibilities as an alternative to further 5 litigation. 6 4. In order to continue the current settlement discussions, reduce cost of litigation for 7 both parties, and potentially unburden the Court’s docket, the parties have agreed to stipulate to an 8 extension of time for Defendant to respond to the FAC. Thus, instead of responding to the FAC 9 on July 30, 2012, the parties agree that Defendant’s time to file and serve a response to the San Francisco, CA 94105 560 Mission Street, 25th Floor Bryan Cave LLP 10 Complaint is extended 30 days to August 29, 2012. 11 5. The stipulation will not result in prejudice to any party and its impact on judicial 12 proceedings is not expected to be significant. 13 6. Nothing in this stipulation shall constitute a waiver of any arguments or defenses 14 that Defendant or Plaintiff may wish to assert in their pleadings, all of which are expressly 15 reserved. 16 IT IS SO STIPULATED. 17 Dated: August 2, 2012 STEBURG LAW FIRM 18 19 By: /s/ Anita Steburg Anita Steburg Attorney for Plaintiff JAMES N. FAZIO 20 21 22 23 Dated: August 2, 2012 25 BRYAN CAVE LLP C. Scott Green Bahareh Mostajelean Gerald S. Richelson 26 By: 24 /s/ Gerald S. Richelson Gerald S. Richelson Attorneys for Defendant BANK OF AMERICA, N.A. 27 28 SF01DOCS96465.1 2 JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME 1 2 [PROPOSED] ORDER 3 Having reviewed the stipulation of Plaintiff JAMES N. FAZIO and Defendant BANK OF 4 AMERICA, N.A. and good cause appearing, the deadline for Defendant to respond to Plaintiff’s 5 First Amended Complaint is extended 30 days from to August 29, 2012. 6 PURSUANT TO STIPULATION, IT IS SO ORDERED. 13 J ER 15 A H 14 . Breyer arles R udge Ch FO RT San Francisco, CA 94105 12 I NO 560 Mission Street, 25th Floor 11 LI UNIT ED Judge Charles R. Breyer United States District Court DERED Northern District of California SO OR T IS 10 Bryan Cave LLP RT U O August 3, 2012 Dated: _______________ 9 S DISTRICT TE C TA ________________________________ N F D IS T IC T O R C 16 17 18 19 20 21 22 23 24 25 26 27 28 SF01DOCS96465.1 R NIA 8 S 7 3 JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

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