Opinion
2:22-cv-01645-JAD-EJY
01-13-2023
Amanda Davis, individually and on behalf of all others similarly situated, Plaintiff, v. KeyBank N.A.; and KeyBank Trust d/b/a American Education Services LLC. d/b/a KeyCorp Student Loan Trust, Defendants.
BENNETT TUELLER JOHNSON & DEERE Jared Inouye Nevada Bar No. 9067 Attorneys for KeyBank National Association FREEDOM LAW FIRM George Haines, Esq. Nevada Bar No. 9411 Attorneys for Plaintiff Amanda Davis BROWNSTEIN HYATT FARBER SCHRECK, LLP Patrick J. Reilly Attorneys for AES
BENNETT TUELLER JOHNSON & DEERE Jared Inouye Nevada Bar No. 9067 Attorneys for KeyBank National Association
FREEDOM LAW FIRM George Haines, Esq. Nevada Bar No. 9411 Attorneys for Plaintiff Amanda Davis
BROWNSTEIN HYATT FARBER SCHRECK, LLP Patrick J. Reilly Attorneys for AES
ORDER GRANTING STIPULATED MOTION TO AMEND KEY'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT (ECF NO. 31) AND SET BRIEFING SCHEDULE ECF NOS. 31, 35
Jennifer A. Dorsey U.S. District Judge
Plaintiff Amanda Davis, Defendant American Education Services LLC (“AES”) and Defendant KeyBank N.A. (“Key”), by and through their undersigned counsel, hereby request court approval of the following stipulation:
On January 3, 2023, Key filed a Motion to Dismiss Plaintiff's Amended Complaint (ECF No. 31). In its motion, Key included argument and authorities supporting its motion to dismiss Plaintiff's claims under the Fair Credit Reporting Act (“FCRA”). The next day on January 4, 2023, the Second Circuit entered a decision in Mader v. Experian Information Solutions, Inc., Nos. 20-3073, 21-2171, 2023 U.S. App. LEXIS 79, 2023 WL 27654 (2d Cir. Jan. 4, 2023), which Key asserts is relevant to its pending Motion to Dismiss. While Plaintiff disagrees that Mader is relevant and will address it in Plaintiff's opposition to Key's Motion to Dismiss, Plaintiff agrees to the proposed stipulation so Key can amend its Motion to Dismiss and Plaintiff can adequately review and respond to Key's Motion.
WHEREAS, Plaintiff and Key hereby stipulate and agree as follows:
1. Key will be permitted to amend its Motion to Dismiss Plaintiff's Amended Complaint (ECF No. 31) (the “Amended Motion”) to include arguments related to the analysis in Mader v. Experian Information Solutions, Inc., 2023 U.S. App. LEXIS 79.
2. Key shall file the Amended Motion within three (3) days after the Court enters an order granting this stipulated motion.
3. Once filed, the Amended Motion will amend the Motion to Dismiss (ECF No. 31) and the Amended Motion will become the operative pleading.
4. Plaintiff shall respond to Key's Amended Motion within thirty (30) days after Key files the Amended Motion.
5. Plaintiff shall respond to Key's Motion to Strike Class Allegations (ECF No. 32) (the “Motion to Strike”) within thirty (30) days after Key files the Amended Motion.
6. Key shall reply to Plaintiff's response to the Amended Motion and Motion to Strike within fourteen (14) days after Plaintiff files its respective responses.
ORDER
Based on the parties' stipulation [ECF No. 35] and good cause appearing, IT IS SO ORDERED. The original motion to dismiss [ECF No. 31] is DENIED without prejudice to the filing of the amended motion to dismiss as stipulated.