Opinion
CASE NO. C 11-01285-SBA
11-17-2011
BYRON D. DAUGHERTY, Plaintiff, v. EXPERIAN INFORMATION SOLUTIONS, INC.; TRANS UNION LLC; EQUIFAX INFORMATION SERVICES LLC; CITIBANK (SOUTH DAKOTA), N.A.; and DOES 1 through 30, inclusive, Defendants.
Law Office of James J. Bergmann James J. Bergmann Attorney for Plaintiff Byron D. Daugherty Simmonds & Narita LLP R. Travis Campbell Attorneys for Defendant Citibank, N.A., successor in interest to Citibank (South Dakota), N.A.
JAMES J. BERGMANN (SBN 220447)
Law Office of James J. Bergmann
Attorney for Plaintiff
BYRON D. DAUGHERTY
TOMIO B. NARITA (SBN 156576)
R. TRAVIS CAMPBELL (SBN 271580)
SIMMONDS & NARITA LLP
Attorneys for Defendant
Citibank, N.A., successor in interest to
Citibank (South Dakota), N.A.
STIPULATION TO EXTEND
TIME TO FILE REPLY IN
SUPPORT OF CITIBANK,
N.A.'S MOTION TO COMPEL
ARBITRATION; [PROPOSED]
ORDER
Hon. Saundra Brown Armstrong
Plaintiff Byron D. Daugherty ("Plaintiff") and Defendant Citibank, N.A., successor in interest to Citibank (South Dakota) N.A. ("Citibank") hereby stipulate to the following:
1. WHEREAS Citibank filed a Motion to Compel Arbitration on August 19, 2011;
2. WHEREAS Plaintiff's deadline to oppose Citibank's Motion to Compel Arbitration was September 2, 2011;
3. WHEREAS On October 12, 2011, Plaintiff had not filed an opposition to Citibank's Motion to Compel Arbitration;
4. WHEREAS On October 12, 2011, Citibank agreed to allow Plaintiff to file an opposition to its' Motion to Compel Arbitration on or before October 14, 2011 and Plaintiff agreed to allow Citibank to file an amended reply in support of the Motion to Compel Arbitration on or before 21 days after Plaintiff files his opposition.;
5. WHEREAS On October 14, 2011, Plaintiff filed a stipulation regarding the above agreement between Plaintiff and Citibank (See Doc. No. 36);
6. WHEREAS On October 14, 2011, Plaintiff filed an opposition to Citibank's Motion to Compel Arbitration.
7. WHEREAS on October 21, 2011, the Court entered Plaintiff and Citibank's stipulation (See Doc. No. 39).
8. WHEREAS Citibank's reply in support of its' Motion to Compel Arbitration is currently due on or before November 4, 2011.
9. WHEREAS Citibank requires additional time to investigate the issues raised in Plaintiff's opposition to the Motion to Compel Arbitration.
10. WHEREAS On November 1, 2011, Plaintiff agreed to allow Citibank to file its' amended reply in support of the Motion to Compel Arbitration on or before November 18, 2011.
11. WHEREAS the requested extension of time will have no effect on the case schedule as the hearing for the motion is set for January 24, 2012.
12. THEREFORE Plaintiff and Citibank, by and through their undersigned counsel, hereby stipulate and agree that Citibank's deadline to file its' amended reply to Plaintiff's opposition is November 18, 2011.
IT IS SO STIPULATED
Law Office of James J. Bergmann
James J. Bergmann
Attorney for Plaintiff Byron D. Daugherty
Simmonds & Narita LLP
R. Travis Campbell
Attorneys for Defendant Citibank, N.A.,
successor in interest to Citibank (South
Dakota), N.A.
PURSUANT TO STIPULATION, IT IS SO ORDERD.
SAUNDRA BROWN ARMSTRONG
U.S. District Judge