Opinion
Case No. 3:11-cv-01320 EDL
11-14-2011
TINA M. UBALDI, on behalf of herself and all others similarly situated, Plaintiff, v. SLM CORPORATION, d/b/a SALLIE MAE, INC., d/b/a/ SALLIE MAE SERVICING, a Delaware corporation, Defendant.
STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND (State Bar No. 83013) LISA M. SIMONETTI (State Bar No. 165996) DAVID W. MOON (State Bar No. 197711) Attorneys for Defendant SLM CORPORATION
STROOCK & STROOCK & LAVAN LLP
JULIA B. STRICKLAND (State Bar No. 83013)
LISA M. SIMONETTI (State Bar No. 165996)
DAVID W. MOON (State Bar No. 197711)
Attorneys for Defendant
SLM CORPORATION
AMENDED
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE AND
SUBMISSION OF JOINT CASE
MANAGEMENT STATEMENT
[Local Rule 6-1(a)]
[Declaration of David W. Moon filed
concurrently]
WHEREAS, on October 7, 2011, Defendant SLM Corporation filed a Motion to Dismiss Plaintiff's First Amended Complaint for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6), which is currently set for hearing on December 13, 2011;
WHEREAS, a Case Management Conference is currently set for November 22, 2011;
WHEREAS, the parties are required to comply with the requirements of Rule 26(a)(1) and file their Rule 26(f) Report and Joint Case Management Statement on or before November 15, 2011;
WHEREAS, there has been one prior continuance of the Case Management Conference and the parties' submission of their Joint Case Management Statement (Doc. No. 32);
WHEREAS, there have been three other prior extensions of time, once granting Defendant additional time to respond to Plaintiff's Complaint (Doc. 8) and twice continuing the hearing on Defendant's motion to dismiss and granting the parties additional time to file responsive and reply briefs (Doc. Nos. 22 and 32);
WHEREAS, this Stipulation is made in good faith and not for purposes of delay; and
WHEREAS, good cause exists for the foregoing modifications to the case schedule because it would promote judicial efficiency to stay discovery and to continue the Case Management Conference and the parties' submission of their Joint Case Management Statement until after the hearing on the pending Motion to Dismiss.
IT IS HEREBY STIPULATED by and between the parties, through their respective counsel of record, as follows:
(a) The Case Management Conference set for November 22, 2011 shall be continued to January 31, 2012 at 10:00 a.m. in Courtroom E;
(b) The parties shall comply with the requirements of Rule 26(a)(1) and file their Rule 26(f) Report and Joint Case Management Statement within thirty days after the Court rules on the Motion to Dismiss, unless the Motion to Dismiss is granted.
STROOCK & STROOCK & LAVAN LLP
JULIA B. STRICKLAND
LISA M. SIMONETTI
DAVID W. MOON
David W. Moon
Attorneys for Defendant
SLM CORPORATION
LAW OFFICES OF JANET LINDNER
SPIELBERG
JANET LINDNER SPIELBERG
Janet Lindner Spielberg
Attorneys for Plaintiff
TINA M. UBALDI
[PROPOSED] ORDER
PURSUANT TO THE STIPULATION, IT IS SO ORDERED. The Case Management Conference is continued to January 31, 2012 at 10:00 a.m.
_______________
The Honorable Elizabeth D. Laporte
CERTIFICATION
I hereby certify that, on November 9, 2011, copies of the foregoing STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SUBMISSION OF JOINT CASE MANAGEMENT STATEMENT were filed electronically and served by U.S. Mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the court's electronic filing system or by facsimile to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the court's EM/ECF System.
By: _______________
David W. Moon