STIPULATED REQUEST FOR ORDER CHANGING TIME; [PROPOSED] ORDER; AS MODIFIED DECLARATION OF FARRAH MIRABEL IN SUPPORT
VINCE CHHABRIA, District Judge.
Pursuant to Local Rules 6-1 and 6-2, and as supported by the Declaration of Farrah Mirabel filed herewith, Plaintiff Ashley Amirhamzeh, on behalf of all others similarly situated (collectively "Plaintiff"), on the one hand, and Defendants Wells Fargo Bank, N.A. ( "Wells Fargo") and Trilegiant Corporation ("Trilegiant") (collectively, "Defendants"), by and through their undersigned counsel, hereby stipulate and respectfully request that the Court extend the deadline for Plaintiff to file oppositions to Wells Fargo's Motion to Compel Arbitration and Stay Proceedings ("Motion to Compel and Stay") and Trilegiant's Motion to Dismiss or Stay the Case and Compel Arbitration, or in the alternative, to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) ("Motion to Dismiss or Stay") (collectively referred to as the "Motions" or the "Defendants' Motions"). The parties declare in support of this request:
WHEREAS, the Defendants filed their Motions and effectuated service on Plaintiff on August 8, 2014, making Plaintiff's opposition briefs due on August 22, 2014 pursuant to Local Rule 7-3;
WHEREAS, a Case Management Conference ("CMC") is currently scheduled for September 23, 2014 at 10:00 a.m., with a Joint Case Management Statement to be filed no later than September 16, 2014;
WHEREAS, in its order of July 24, 2014, this Court indicated that if the parties file any motions prior to September 16, 2014, the parties may stipulate to continue the CMC currently set for September 23, 2014, to the time and date of the hearings of such motions;
WHEREAS, the hearings on the Defendants' Motions are currently set for October 2, 2014;
WHEREAS, Plaintiff requires additional time to prepare her opposition briefs. The reason for the requested enlargement of time is due to the recent death of an immediate family member of Plaintiff's counsel Farrah Mirabel;
WHEREAS, this is Plaintiff's first request for an extension of time to file her opposition briefs to the Defendants' Motions;
WHEREAS, the parties have met and conferred and Defendants do not oppose Plaintiff's request for an additional twenty-one (21) days within which to file her opposition briefs; and
WHEREAS, the parties believe it would be most efficient to continue the CMC and all other deadlines set forth in the Initial Case Management Scheduling Order, pending the hearing on the Motions.
NOW, THEREFORE, pursuant to Local Rule 6-2, the parties through their respective attorneys stipulate as follows:
1. Plaintiff shall have up to and including September 12, 2014, to file her opposition briefs to Wells Fargo's Motion to Compel Arbitration and Stay Proceedings and Trilegiant's Motion to Dismiss or Stay the Case and Compel Arbitration, or in the alternative, to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6);
2. Defendants shall have up to and including September 26, 2014, to file their reply briefs;
3. The hearing on Defendants' Motions currently set for October 2, 2014, will be continued to October 16, 2014, at 10:00 a.m., or such date shortly thereafter as may be selected by the Court, depending on the Court's preference and availability;
4. The CMC currently set for September 23, 2014, will be continued to the hearing date for Defendants' Motions, or such date shortly thereafter as may be selected by the Court, depending on the Court's preference and availability. All other deadlines set forth in the Initial Case Management Scheduling Order, including the deadline for the parties to submit a Joint Case Management Statement, are continued accordingly.
IT IS SO STIPULATED.
[PROPOSED] ORDER AS MODIFIED
PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, THE COURT ORDERS AS FOLLOWS:
Plaintiff shall have up to and including September 12, 2014, to file her opposition briefs to Defendant Wells Fargo Bank, N.A.'s ("Wells Fargo") Motion to Compel Arbitration and Stay Proceedings and Defendant Trilegiant Corporation's ("Trilegiant") Motion to Dismiss or Stay the Case and Compel Arbitration, or in the alternative, to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) (collectively referred to as "Defendants' Motions"). Defendants shall have up to and including September 26, 2014, to file their reply briefs in support of their motions.
The hearing on Defendants' Motions currently set for October 2, 2014, at 10:00 a.m., will be continued to 10:00 a.m. on October 16, 2014.
The case management conference currently set for September 23, 2014, will be continued to October 28, 2014, at 10:00 a.m. All other deadlines set forth in the Initial Case Management Scheduling Order, including the deadline for the parties to submit a Joint Case Management Statements, are continued accordingly.
IT IS SO ORDERED.
DECLARATION OF FARRAH MIRABEL IN SUPPORT OF STIPULATED REQUEST FOR ORDER CHANGING TIME
[Local Rule 6-2]
I, Farrah Mirabel, declare as follows:
1. I am the principal attorney of the Law Offices of Farrah Mirabel and an attorney of record for Plaintiff Ashley Amirhamzeh, individually and on behalf of all others similarly situated (collectively "Plaintiff"). The matters within this declaration are true of my personal knowledge or, where stated otherwise, upon information and belief.
2. The parties to this case are submitting a stipulated request for an order modifying the briefing schedule on Defendants Wells Fargo's Motion to Compel Arbitration and Stay Proceedings and Trilegiant's Motion to Dismiss or Stay the Case and Compel Arbitration, or in the alternative, to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6), (collectively referred to as the "Motions").
3. Pursuant to the stipulated request, Plaintiff's opposition brief would be due September 12, 2014, and Defendants' reply briefs in support of their motions would be due on September 26, 2014.
4. The Motions are currently set to be heard on October 2, 2014, at 10:00 a.m. In order to ensure that the Court has sufficient time to review the parties' respective briefs, both parties stipulate and respectfully request a continuance of the hearing date from October 2, 2014, to October 16, 2014, at 10:00 a.m., or such date shortly thereafter as may be selected by the Court, depending on the Court's preference and availability.
5. This request is made for good cause. I recently suffered the loss of an immediate family member and I am experiencing great grief and sorrow. An enlargement of time would enable the parties to provide better briefing to assist the Court in resolving the Motions. The parties stipulate to this request.
6. The previous modifications of time in this case are as follows:
a. On July 7, 2014, the Court endorsed the parties' stipulation extending the time for Defendants to respond to Plaintiffs First Amended Complaint. Doc. 17.
b. On July 24, 2014, upon the parties' stipulated request, the Court continued a Case Management Conference from August 12, 2014, to September 23, 2014. Docs. 18, 19. In its order, this Court indicated that if the parties file any motions prior to the due date of the Joint Case Management Statement, the parties may stipulate to continue the Case Management Conference currently set for September 23, 2014, to the time and date of the hearings of Defendants' Motions.
7. The parties believe it would be most efficient to continue the Case Management Conference, currently scheduled for September 23, 2014, and all other deadlines set forth in the Initial Case Management Scheduling Order pursuant to Pursuant to this Court's order of July 24, 2014.
8. This proposed modification of time will impact the hearing date on the Defendants' Motions currently set for October 2, 2014, and the case management conference currently set for September 23, 2014. All other deadlines set forth in the Initial Case Management Scheduling Order will also be continued accordingly.
I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 22nd day of August 2014 at Newport Beach, California.
