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Garza v. Confi-Chek, Inc., 2:18-cv-01968-KJM-EFB. (2018)

Court: District Court, E.D. California Number: infdco20180921986 Visitors: 15
Filed: Sep. 20, 2018
Latest Update: Sep. 20, 2018
Summary: STIPULATION AND ORDER TO EXTEND TIME TO FILE RESPONSIVE PLEADING FOR DEFENDANTS (1) CONFI-CHEK, INC.; (2) CONFI-CHEK, INC. d/b/a PEOPLEFINDERS; (3) CONFI-CHECK, INC. d/b/a ADVANCED BACKGROUND CHECKS; and (4) ENFORMION KIMBERLY J. MUELLER , District Judge . Pursuant to Rule 6 of the Federal Rules of Civil Procedure and Local Rule 144, Plaintiffs David Garza, Naser Alzer, Margarita Hernandez, Kimberly Kennedy, Amandeep Singh, and Samah Haider, on behalf of themselves and of others similarly s
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STIPULATION AND ORDER TO EXTEND TIME TO FILE RESPONSIVE PLEADING FOR DEFENDANTS (1) CONFI-CHEK, INC.; (2) CONFI-CHEK, INC. d/b/a PEOPLEFINDERS; (3) CONFI-CHECK, INC. d/b/a ADVANCED BACKGROUND CHECKS; and (4) ENFORMION

Pursuant to Rule 6 of the Federal Rules of Civil Procedure and Local Rule 144, Plaintiffs David Garza, Naser Alzer, Margarita Hernandez, Kimberly Kennedy, Amandeep Singh, and Samah Haider, on behalf of themselves and of others similarly situated (collectively, "Plaintiffs") and Defendants Confi-Chek, Inc. (incorrectly identified in the Complaint as "Confi-Chek, Inc., a holding company for Confi-Chek Investigations"), Confi-Chek, Inc. d/b/a PeopleFinders (incorrectly identified in the Complaint as "PeopleFinders.com"), Confi-Chek, Inc. d/b/a Advanced Background Checks (incorrectly identified in the Complaint as "Advanced Background Checks"); and Enformion, Inc. (collectively, "Defendants") submit the following stipulation to extend the above-referenced Defendants' time to file a responsive pleading to Plaintiffs' Complaint by 21 days from September 18, 2018 to October 9, 2018. In further support of this Stipulation, the Parties state the following:

1. Plaintiffs filed their Class Action Complaint ("Complaint") on July 16, 2018. Through Defendants' prior counsel, the parties entered into two prior stipulations to extend the time for Defendants to answer or otherwise respond to Plaintiffs' Complaint. (ECF Nos. 16, 17.) On September 5, 2018, the Court entered an order granting the parties' stipulation and extending Defendants' time to respond to Plaintiffs' Complaint through September 18, 2018. (ECF No. 18.)

2. The parties' counsel have been in contact regarding the identity of the proper defendants in this action. Based on those discussions, Plaintiffs' counsel has represented that Plaintiffs intend to amend the complaint. Defendants' counsel will provide Plaintiffs' counsel with additional information so that Plaintiffs may amend the Complaint to identify the proper Defendants. Given the anticipated filing of an amended complaint, the parties request a 21 day extension for Defendants to file their responsive pleading.

3. In addition, the undersigned counsel, Seyfarth Shaw LLP, was just retained this week to represent the Defendants identified above in this matter. Defendants' counsel requires additional time to investigate the allegations in the Complaint, provide information to Plaintiffs' counsel regarding the correct corporate entities to be named in the amended complaint, and review and respond to the allegations in the anticipated amended complaint.

4. For the foregoing reasons, the parties respectfully request a 21 day extension of time for Defendants to answer or otherwise respond to Plaintiffs' Complaint. The extension of time will not affect any hearing or scheduling deadline in this case.

5. On September 18, 2018, Defendants' counsel contacted Plaintiffs' counsel regarding Defendants' request for a 21-day extension of time in which to file its responsive pleading. Plaintiffs' counsel stated that he had no objection to the 21-day extension.

6. Accordingly, the Parties agree that Defendants' deadline to file a responsive pleading to Plaintiff's Complaint is extended to October 9, 2018.

IT IS SO STIPULATED.

ORDER

IT IS SO ORDERED.

Source:  Leagle

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