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Meza v. Verizon Communications, Inc., 1:16-cv-00739-AWI-MJS. (2017)

Court: District Court, E.D. California Number: infdco20170324c67 Visitors: 3
Filed: Mar. 23, 2017
Latest Update: Mar. 23, 2017
Summary: JOINT STIPULATION AND ORDER AMENDING MOTION SCHEDULE MICHAEL J. SENG , Magistrate Judge . Plaintiff Dave Meza ("Plaintiff"), on the one hand, and defendants Frontier California Inc. and Frontier Communications Corporation (collectively, "Frontier"), and defendants Verizon Communications, Inc. and Verizon Corporate Resources Group LLC (collectively, "Verizon") (Frontier and Verizon are referred to collectively as "Defendants"), on the other hand, hereby enter into the following Stipulation w
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JOINT STIPULATION AND ORDER AMENDING MOTION SCHEDULE

Plaintiff Dave Meza ("Plaintiff"), on the one hand, and defendants Frontier California Inc. and Frontier Communications Corporation (collectively, "Frontier"), and defendants Verizon Communications, Inc. and Verizon Corporate Resources Group LLC (collectively, "Verizon") (Frontier and Verizon are referred to collectively as "Defendants"), on the other hand, hereby enter into the following Stipulation with reference to the following facts:

RECITALS

1. On April 14, 2016, Plaintiff filed his Complaint in Fresno County Superior Court, alleging a single claim for relief under the Fair Credit Reporting Act, 15 U.S.C. § 1681b.

2. On May 27, 2016, Frontier timely removed the action to this Court based on federal question jurisdiction.

3. On September 28, 2016, Defendants filed their respective Answers to the Complaint, denying the allegations in the Complaint.

4. On November 9, 2016, counsel for the parties appeared before the Court at a Scheduling Conference, after which the Court set the following deadlines related to any motions for summary judgment and class certification:

May 30, 2017 Last Day to file Motion for Summary Judgment Four weeks after ruling on any Last Day to file Motion for Class summary judgment motion, or Certification June 27, 2017, if no such motion is filed July 17, 2017 (1:30 pm) Last Day to hear Motion for Summary Judgment

(Docket No. 22, at 3).

5. Since the Scheduling Conference, the parties have been actively engaged in discovery. They have exchanged their initial disclosures, propounded and responded to several sets of interrogatories and document demands, and produced relevant and responsive documents.

6. The parties followed the Court's Order for all counsel "to discuss with their clients the relative benefits and detriments of settlement versus trial, the likelihood the case ultimately will settle and the economic benefit of settling sooner rather than later." (Id., at 4). Having done so, and after conducting the necessary discovery discussed above, the parties believe they are now in a position to have fruitful discussions regarding a possible resolution.

7. In an effort to give settlement a realistic chance, the parties agree that amending the motion schedule above is necessary. Doing so will help the parties avoid unnecessary discovery and litigation expenses due to looming summary judgment and class certification deadlines. It will also serve judicial economy since the parties will not need to file or burden the Court with unnecessary discovery and/or dispositive motions.

STIPULATION

Based on the facts stated above and subject to this Court's approval, plaintiff Meza and defendants Frontier and Verizon stipulate that the motion schedule outlined in the Scheduling Order issued on November 10, 2016 in this action be amended to apply the following dates:

August 31, 2017 Last Day to file Motion for Summary Judgment Four weeks after ruling on any Last Day to file Motion for Class summary judgment motion, or Certification September 28, 2017, if no such motion is filed September 18, 2017 (1:30 pm) Last Day to hear Motion for Summary Judgment

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

ORDER

Good cause appearing, the foregoing Stipulation to amend motion schedule is accepted and adopted as the Order of this Court.

IT IS SO ORDERED.

Source:  Leagle

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