Opinion
KEMNITZER, BARRON, & KRIEG, LLP BRYAN KEMNITZER, ELLIOT CONN, San Francisco, CA, Scott D. Owens, Scott D. Owens, P.A., Hallandale, FL., Attorneys for Plaintiffs Yolanda Cosper and Fred Lumpkin, and the putative class.
SCOTT J. HYMAN, ERIC J. TROUTMAN, SEVERSON & WERSON, A Professional Corporation The Atrium, Irvine, California, ERIK KEMP, REBECCA S. SAELAO, SEVERSON & WERSON, A Professional Corporation, San Francisco, California, Attorneys for Defendant VEROS CREDIT, LLC.
STIPULATION AND [PROPOSED] ORDER RE: AMENDED COMPLAINT AND TO CONTINUE SCHEDULING CONFERENCE
GARLAND E. BURRELL, Jr., Senior District Judge.
Plaintiffs YOLANDA COSPER and FRED LUMPKIN ("Plaintiffs"), and Defendant Veros Credit, LLC ("Veros, " and together with Plaintiffs the "Parties") hereby stipulate and agree as follows:
WHEREAS, Plaintiffs initiated this lawsuit on August 18, 2015.
WHEREAS, Plaintiffs served Veros with the summons and complaint on August 28, 2015.
WHEREAS, pursuant to stipulation and this Court's Order, Veros' deadline to answer, move, or otherwise respond to the complaint is presently through and including October 26, 2015. (See Docket No. 8.)
WHEREAS, the Parties have met and conferred regarding Veros' intention to file a motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure ("Rule") 12(b)(6) and Rule 8.
WHEREAS, upon reviewing Veros' meet and confer letter, the authorities cited therein, and the arguments of counsel, Plaintiffs have stated their intention to file an amended complaint by Friday, November 6, 2015.
WHEREAS, pursuant to Rule 15, Veros consents to Plaintiffs filing an amended complaint, subject to and without waiving Veros' rights and arguments in response, including Veros' right to move to dismiss the amended complaint as provided by the Rules.
WHEREAS, in light of the foregoing, the Parties stipulate and agree that the present complaint is moot, and that it is therefore unnecessary for Veros to respond to the present complaint.
WHEREAS, the Parties further stipulate and agree that Veros' shall have through and including December 4, 2015 to answer, move, or otherwise respond to the amended complaint.
WHEREAS, in light of the above events, the Parties submit that the scheduling conference presently set for November 9, 2015 in this action should be continued and reset for a date after the pleadings are settled, and/or for a date to coincide with any hearing on Veros' motion to dismiss the amended complaint, in the event Veros files such a motion.
WHEREAS, the Parties have previously stipulated to extend Veros' original responsive pleading deadline from September 18, 2015 to October 26, 2015.
WHEREAS, other than the pleading deadlines set forth above and the status conference date, no other deadlines in this case have been set, and thus no other deadlines will be affected.
Now, therefore the Parties STIPULATE, subject to Court approval, as follows:
1. Plaintiffs shall have through and including November 6, 2015 to file their amended complaint.
2. In light of Plaintiffs' intention to file an amended complaint, their present complaint is moot, and it is therefore unnecessary for Veros to respond to the initial complaint.
3. Defendants shall have through and including December 4, 2015 to answer, move, or otherwise respond to the amended complaint.
3. The Parties submit that the scheduling conference presently set for November 9, 2015 in this case should be continued, and reset for a date after the pleadings are settled, or-in the event Veros moves to dismiss the amended complaint-for a date to coincide with the hearing on Veros' motion to dismiss the amended complaint.
IT IS SO STIPULATED.
I, Rebecca S. Saelao, am the ECF user whose identification and password are being used to file this Stipulation. I hereby attest that Elliot Jason Conn. has concurred in this filing.
[PROPOSED] ORDER
The Court, having reviewed the foregoing stipulation of the Parties, and good cause appearing therefor, HEREBY ORDERS:
1. Plaintiffs shall have through and including November 6, 2015 to file their amended complaint.
2. It is therefore unnecessary for Veros to respond to the initial complaint.
3. Defendants shall have through and including December 4, 2015 to answer, move, or otherwise respond to the amended complaint.
3. The scheduling conference presently set for November 9, 2015 is hereby continued, and shall be reset for a date after the pleadings are settled, or-in the event Veros moves to dismiss the amended complaint-for a date to coincide with the hearing on Veros' motion to dismiss the amended complaint.
The pretrial scheduling conference, currently scheduled for November 9, 2015, is rescheduled for February 1, 2016, at 9:00 a.m. A joint status report shall be filed fourteen days prior to the hearing.
IT IS SO ORDERED.