Opinion
2:22-cv-02170-GMN-BNW
02-13-2023
MIA HOEKSTRA, Plaintiff, v. EQUIFAX INFORMATION SERVICES, LLC AND NELNET STUDENT LOAN FUNDING MANAGEMENT CORPORATION, Defendants.
Patrick J. Reilly, Esq. BROWNSTEIN HYATT FARBER SCHRECK, LLP Attorneys for Nelnet Servicing, LLC George Haines, Esq. Gerardo Avalos, Esq. FREEDOM LAW FIRM Attorneys for Mia Hoekstra
Patrick J. Reilly, Esq.
BROWNSTEIN HYATT FARBER SCHRECK, LLP
Attorneys for Nelnet Servicing, LLC
George Haines, Esq.
Gerardo Avalos, Esq.
FREEDOM LAW FIRM
Attorneys for Mia Hoekstra
AMENDED STIPULATION AND ORDER TO EXTEND DEADLINE TO RESPOND TO COMPLAINT (SECOND REQUEST)
STIPULATION
Plaintiff Mia Hoekstra (“Plaintiff”), by and through her counsel of record, George Haines, Esq., of Freedom Law Firm, and, Defendant Nelnet Servicing, LLC, incorrectly sued as “Nelnet Student Loan Funding Management Corporation,” (“Nelnet”) by and through its counsel of record, Patrick J. Reilly, Esq., of the law firm of Brownstein Hyatt Farber Schreck, LLP, hereby stipulate and agree as follows:
1. On December 29, 2022, Plaintiff filed her Complaint For Damages Under the FCRA, 15 U.S.C. §1681 (the “Complaint”). ECF No. 1.
2. On or about January 5, 2023, Plaintiff served the Summons and Complaint on Nelnet.
3. After a two-week extension granted by this Court, the current deadline for Nelnet to respond to Plaintiff's Complaint is February 9, 2023.
4. Plaintiff has agreed to grant an extension for Nelnet to answer or otherwise plead in response to the Complaint.
5. In the interim, Plaintiff has filed a second action against Nelnet in this Court, Case No. 2:23-cv-00182. Nelnet is currently reviewing that Complaint and investigating the facts in that action simultaneously with this action.
6. Nelnet shall have up to, and including, February 23, 2023, in which to answer or otherwise plead in response to Plaintiff's Complaint.
7. Nelnet seeks additional time to respond to the Complaint so that it may gather additional relevant documentation and information regarding this action and Case No. 2:23-cv-00182, continue its initial investigation of the allegations in both actions in order to formulate a response thereto, and confer with opposing counsel regarding possible settlement of the actions.
8. This stipulation is brought in good faith by all parties and not for purposes of delay. This extension will not result in any undue delay in the administration of this case.
9. This is the second request for extension of time requested by the parties with respect to responding to the Complaint.
ORDER
IT IS SO ORDERED.