Juarez v. Social Finance, Inc. et al, No. 4:2020cv03386 - Document 34 (N.D. Cal. 2020)
Court Description: ORDER Granting 32 STIPULATION to Set Briefing Schedule Regarding Plaintiff's First Amended Complaint and Continue CMC. Signed by Judge Haywood S. Gilliam, Jr. on 7/31/2020. Amended Pleadings due by 7/30/2020; Motions due by 8/31/2 020; Responses due by 9/21/2020; Replies due by 10/5/2020; Case Management Statement due by 9/15/2020; and Telephonic Initial Case Management Conference set for 9/22/2020 02:00 PM. This proceeding will be held by AT&T Conference Line. The cou rt circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phon e if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further adv ised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (ndrS, COURT STAFF) (Filed on 7/31/2020)
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Juarez v. Social Finance, Inc. et al Doc. 34 1 OUTTEN & GOLDEN LLP Moira Heiges-Goepfert (Cal. Bar No. 326861) 2 One California Street, 12th Floor San Francisco, CA 94111 3 New York, NY 10017 4 Telephone: (212) 245-1000 Facsimile: (415) 638-8810 5 mhg@outtengolden.com 6 LAWYERS FOR CIVIL RIGHTS Ivan Espinoza-Madrigal** 7 Oren Nimni** 8 61 Batterymarch Street, 5th Floor Boston, MA 02110 9 Telephone: (617) 482-1145 Facsimile: (617) 482-4392 10 iespinoza@lawyersforcivilrights.org 11 onimni@lawyersforcivilrights.org 12 **Pro hac vice application forthcoming MCGUIREWOODS LLP Jamie D. Wells (SBN 290827) Two Embarcadero Center Suite 1300 San Francisco, CA 94111-3821 Telephone: 415.844.9944 Facsimile: 415.844.9922 K. Issac deVyver (pro hac vice) Karla Johnson (pro hac vice) Tower Two-Sixty 260 Forbes Avenue Suite 1800 Pittsburgh, PA 15222 Telephone: 412.667.6000 Facsimile: 412.667.6050 Attorneys for Defendants Social Finance, Inc. d/b/a SoFi and SoFi Lending Corp. d/b/a SoFi 13 Attorneys for Plaintiff Ruben Juarez and the Proposed Class 14 (Additional Counsel Listed on Signature Page) 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 RUBEN JUAREZ, individually and on behalf 20 of all others similarly situated, 21 Plaintiff, 22 vs. 23 SOCIAL FINANCE, INC. d/b/a SOFI, and 24 SOFI LENDING CORP. d/b/a SOFI, 25 26 CASE NO: 4:20-cv-03386-HSG JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE REGARDING PLAINTIFF’S FIRST AMENDED COMPLAINT AND CONTINUE CMC Complaint Filed: May 19, 2020 Defendants. District Judge Haywood S. Gilliam 27 28 JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE IN RESPONSE TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND CONTINUE CMC Dockets.Justia.com 1 Pursuant to Civil Local Rules 6-1(b), 6-2, and 7-12, Plaintiff Ruben Juarez (“Plaintiff”), 2 through counsel, along with counsel for Defendants Social Finance, Inc. d/b/a SoFi and SoFi 3 Lending Corp. d/b/a SoFi (collectively, “SoFi”), respectfully submit the following Joint 4 Stipulation and Proposed Order to Set Briefing Schedule Regarding Plaintiff’s First Amended 5 Complaint and Continue the Case Management Conference. RECITALS 6 7 WHEREAS, on May 19, 2020, Plaintiff filed a putative class action Complaint against 8 SoFi in the above-captioned matter (D.E. 1); 9 WHEREAS, on June 5, 2020, pursuant to Local Rule 6-1(a), Plaintiff and SoFi (together, 10 the “Parties”) filed a Joint Stipulation to Extend Time to Respond to Initial Complaint, extending 11 the time for SoFi to respond to the Complaint for a period of approximately twenty-one days, up 12 to and including July 9, 2020 (D.E. 14); 13 WHEREAS, counsel for Plaintiff requested a modified briefing schedule in the event that 14 SoFi filed a responsive Motion, and following meet and confer between counsel for Plaintiff and 15 counsel for SoFi, the Parties agreed to modify the briefing schedule as set forth in the Joint 16 Stipulation filed at D.E. 24; 17 WHEREAS, on July 7, 2020, the Court approved that Joint Stipulation, (D.E. 26); 18 WHEREAS, on July 9, 2020, SoFi filed a Motion to Compel Arbitration, or in the 19 Alternative Dismiss, or in the Alternative Strike, with a Motion Hearing set for August 27, 2020, 20 (D.E. 28); 21 WHEREAS, on July 9, 2020, SoFi also filed a Motion to Stay Discovery or in the 22 Alternative Bifurcate Discovery with a Motion Hearing set for August 27, 2020, (D.E. 29); 23 WHEREAS, on July 10, 2020, the Parties filed a Joint Stipulation to Set Briefing Schedule 24 in Response to SoFi’s Motion to Stay Discovery to align the briefing schedule and hearing date for 25 Defendant’s Motion to Stay Discovery with Defendant’s Motion to Compel Arbitration or in the 26 Alternative Dismiss, or in the Alternative Strike (D.E. 30); 27 WHEREAS, on July 14, 2020, the Court granted the Parties’ Joint Stipulation Set Briefing 28 Schedule in Response to SoFi’s Motion to Stay Discovery (D.E. 31); 2 JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE IN RESPONSE TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND CONTINUE CMC WHEREAS, the Parties have met and conferred and Plaintiff informed SoFi of Plaintiff’s 1 2 intent to file a First Amended Complaint (“FAC”) under Rule 15(a)(1)(B); WHEREAS, the Parties anticipate that the FAC will moot SoFi’s responsive Motions – 3 4 i.e., Defendant’s Motion to Compel Arbitration, or in the Alternative Dismiss, and Defendant’s 5 Motion to Stay Discovery, (D.E. Nos. 28 & 29), although SoFi preserves all arguments set forth in 6 those responsive Motions and reserves the right to re-assert those arguments in response to the 7 FAC; 8 WHEREAS, to adequately investigate any new claims and parties in Plaintiff’s FAC, SoFi 9 requests 30 days to respond; 10 WHEREAS, SoFi may file renewed responsive Motions in response to Plaintiff’s FAC and 11 if so, the Parties wish to set a briefing schedule on these Motions that will permit SoFi 30 days to 12 respond to Plaintiff’s FAC; 21 days for Plaintiff to file opposition briefs; and 14 days for SoFi to 13 file any reply briefs; 14 WHEREAS, the Parties state that this request is not the result of dilatory conduct; 15 WHEREAS, this Court has set the Initial Case Management Conference for August 25, 16 2020 at 2:00 PM with the Case Management Statement due on August 18, 2020 (ECF 20); 17 WHEREAS, in order for SoFi to be prepared to assess the allegations and claims in the 18 First Amended Complaint and be prepared to discuss its position and case schedule, the Parties 19 agree to continue the Case Management Conference to September 22, 2020 at 2:00 PM, with the 20 deadlines in D.E. Nos. 5 and 20 reset accordingly; 21 WHEREAS, the Parties affirm that no party will be prejudiced, nor will the requested 22 extension unduly delay the case, and indeed will facilitate a more efficient means of resolving the 23 issues in SoFi’s Responsive Motions than Plaintiff filing the FAC after the resolution of SoFi’s 24 present Responsive Motions; 25 26 27 STIPULATION THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff 28 and SoFi through their respective undersigned counsel that: 3 JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE IN RESPONSE TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND CONTINUE CMC 1 1. Plaintiff’s FAC shall be filed by July 30, 2020; 2 2. SoFi shall have 30 days, until August 31, 2020 to respond to Plaintiff’s FAC; 3 3. If SoFi files Responsive Motions, Plaintiff shall file any Oppositions to SoFi’s 4 Responsive Motions by September 21, 2020 and SoFi shall file any Replies by October 5, 2020; 5 4. The Parties will set a hearing date in October 2020 for these Motions; 6 5. The Case Management Conference will be continued to September 22, 2020 at 2:00 7 PM, with the deadlines in D.E. Nos. 5 and 20 reset accordingly; 8 6. This extension will not affect any other deadlines set by the Court in this case; 9 7. This stipulation is without prejudice to the rights, claims, arguments, and defenses 10 of all parties; and 11 8. All other signatories listed, and on whose behalf the filing is submitted, concur with 12 the content in this Stipulation and have authorized the filing. 13 14 IT IS SO STIPULATED. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE IN RESPONSE TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND CONTINUE CMC 1 DATED: July 30, 2020 MCGUIREWOODS LLP 2 3 By: 4 5 6 7 8 /s/ K. Issac deVyver K. Issac deVyver (pro hac vice) Karla Johnson (pro hac vice) Tower Two-Sixty 260 Forbes Avenue Suite 1800 Pittsburgh, PA 15222 Telephone: 412.667.6000 Facsimile: 412.667.6050 Jamie D. Wells (SBN 290827) Two Embarcadero Center Suite 1300 San Francisco, CA 94111-3821 Telephone: 415.844.9944 Facsimile: 415.844.9922 9 10 11 12 Attorneys for Defendants Social Finance, Inc. d/b/a SoFi and SoFi Lending Corp. d/b/a SoFi 13 14 15 16 DATED: July 30, 2020 17 OUTTEN & GOLDEN LLP 18 19 20 21 22 23 By: /s/ Michael Litrownik Michael Litrownik* Ossai Miazad* 685 Third Avenue, 25th Floor New York, NY 10017 Telephone: (212) 245-1000 Facsimile: (646) 509-2060 mlitrownik@outtengolden.com om@outtengolden.com _ 24 25 26 27 28 5 JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE IN RESPONSE TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND CONTINUE CMC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Moira Heiges-Goepfert (Cal. Bar No. 326861) OUTTEN & GOLDEN LLP One California Street, 12th Floor San Francisco, CA 94111 New York, NY 10017 Telephone: (212) 245-1000 Facsimile: (415) 638-8810 mhg@outtengolden.com Mikael Rojas (Cal. Bar No. 309626) OUTTEN & GOLDEN LLP 601 Massachusetts Avenue NW, Suite 200W Washington, D.C. 20001 Telephone: (202) 847-4400 Facsimile: (646) 509-2008 mrojas@outtengolden.com Ivan Espinoza-Madrigal** Oren Nimni** LAWYERS FOR CIVIL RIGHTS 61 Batterymarch Street, 5th Floor Boston, MA 02110 Telephone: (617) 482-1145 Facsimile: (617) 482-4392 iespinoza@lawyersforcivilrights.org onimni@lawyersforcivilrights.org *Admitted Pro hac vice **Pro hac vice application forthcoming Attorneys for Plaintiff Ruben Juarez and the Proposed Class 19 20 21 22 23 24 25 26 27 28 6 JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE IN RESPONSE TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND CONTINUE CMC ORDER 1 2 3 PURSUANT TO STIPULATION, IT IS SO ORDERED,. The case management conference will be held telephonically. All counsel shall use the following dial-in information to access the call: 4 Dial-In: 888-808-6929/Passcode: 6064255. 2020 7/31/2020 5 DATED: ___________________, 6 7 _____________________________________ 8 Haywood S. Gilliam, Jr. United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 JOINT STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE IN RESPONSE TO PLAINTIFF’S FIRST AMENDED COMPLAINT AND CONTINUE CMC
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