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IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

HENRY ESPEJO, individually and on behalf 

of all others similarly situated, 

Plaintiff,

v.

SANTANDER CONSUMER USA, INC., an 

Illinois corporation,

Defendant.

______________________________________

Case No.: 1:11-cv-08987

Honorable Charles P. Kocoras

Magistrate Judge Sidney I. Schenkier

FAYE LEVINS, individually and on behalf of 

all others similarly situated, 

Plaintiff,

v.

SANTANDER CONSUMER USA, INC., an 

Illinois corporation,

Defendant.

Case No.: 1:12-cv-09431

Honorable Charles P. Kocoras

Magistrate Judge Sidney I. Schenkier

PARTIES’ JOINT MOTION TO EXTEND BRIEFING SCHEDULE ON MOTIONS FOR

CLASS CERTIFICATION AND SUMMARY JUDGMENT, AND FOR EXCESS PAGES

Plaintiffs Henry Espejo and Faye Levins (“Plaintiffs”), and Defendant Santander 

Consumer USA, Inc. (“Defendant”), by and through their undersigned counsel and pursuant to 

Federal Rule of Civil Procedure 6(b) and Local Rule 7.1, hereby respectfully move the Court to 

enter an order in the above-captioned cases (1) extending the current briefing schedule on 

Plaintiff Levins’s pending Motion for Class Certification and Defendant’s Motion for Summary 

Judgment by one week, such that the oppositions to the motions shall be due on June 9, 2016 and 

the replies in support thereof shall be due on June 30, 2016, and (2) granting Defendant leave to 

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file its response brief to Plaintiff Levins’s Motion for Class Certification in excess of 15 pages.

In support of the instant motion, the Parties state as follows:

1. On March 10, 2016, the Court set a concurrent briefing schedule ordering 

Plaintiffs to file their Motion for Class Certification and Defendant to file its Motion for 

Summary Judgment by April 21, 2016, with responses to each motion to be filed June 2, 2016, 

and replies to be filed by June 23, 2016. See Espejo v. Santander Consumer USA, Inc., No. 11-

cv-8987, Dkt. 162 (N.D. Ill. Mar. 10, 2016); Levins v. Santander Consumer USA, Inc., No. 12-

cv-9431, Dkt. 89 (N.D. Ill. Mar. 10, 2016).

2. Per the Court’s Order, the Parties filed their respective motions on April 21, 2016.

3. Since filing their motions, the Parties have worked diligently to review and 

analyze each other’s arguments. Notwithstanding, due to certain professional and other 

responsibilities, in addition to the complex legal and factual issues involved, the Parties have 

conferred and agreed that they would benefit from a brief one-week extension of the briefing 

schedule to finalize and file their respective briefing.

4. The Parties have further conferred and agreed, subject to the Court’s approval, 

that Defendant may file a response to the class certification motion in excess of 15 pages—

specifically, not to exceed 32 pages—in order to respond to Plaintiff Levins’ enlarged opening 

memorandum in support of her class certification motion. 

5. In light of the foregoing, good cause exists to grant the relief requested herein and 

it is not sought for any improper purpose, such as delay.

6. Neither Party has previously requested an extension of the briefing schedule for 

either pending motion.

WHEREFORE, the Parties respectfully request that the Court enter an order (i) granting 

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the instant motion, (ii) extending the current briefing schedule on Plaintiff Faye Levins’s pending 

Motion for Class Certification and Defendant’s Motion for Summary Judgment by one week, 

such that the oppositions to the motions shall be due on June 9, 2016 and the replies in support 

thereof shall be due on June 30, 2016, (iii) permitting Defendant to file a response in opposition 

to Plaintiff Levins’s Motion for Class Certification in excess of 15 pages, and not to exceed 32

pages of substance, and (v) ordering such other and further relief as the Court deems reasonable 

and just.

Respectfully submitted,

HENRY ESPEJO and FAYE LEVINS, 

individually and on behalf of all others similarly 

situated,

Dated: May 27, 2016 By: s/ Benjamin H. Richman

One of Plaintiffs’ Attorneys

Jay Edelson

jedelson@edelson.com

Benjamin H. Richman

brichman@edelson.com

J. Dominick Larry

nlarry@edelson.com

EDELSON PC

350 North LaSalle Street, 13th Floor

Chicago, Illinois 60654

Tel: 312.589.6370

Fax: 312.589.6378

Rafey S. Balabanian

rbalabanian@edelson.com

EDELSON PC

329 Bryant Street, Suite 2C

San Francisco, California 94107

Tel: 415.234.5342

Fax: 415.373.9435

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SANTANDER CONSUMER USA, INC.,

Dated: May 27, 2016 By: s/ Henry Pietrkowski

One of Defendant’s Attorneys

Henry Pietrkowski (Bar No. 6230048)

hpietrkowski@reedsmith.com

REED SMITH LLP

10 South Wacker Drive

Chicago, Illinois 60606

Tel: (312) 207-1000

Marc A. Lackner (pro hac vice)

mlackner@mcguirewoods.com

David S. Reidy (pro hac vice)

dreidy@mcguirewoods.com

MCGUIRE WOODS LLP

505 Sansome Street, Suite 700

San Francisco, California 94111

Tel: (415) 844-1974

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SIGNATURE ATTESTATION

Pursuant to Section IX(C)(2) of the General Order on Electronic Case Filing, I hereby 

attest that the content of this document is acceptable to all persons whose signatures are indicated 

by a conformed signature (s/) within this e-filed document.

s/ Benjamin H. Richman

CERTIFICATE OF SERVICE

I hereby certify that on May 27, 2016, I served the above and foregoing by causing a true 

and accurate copy of such paper to be filed and served on all counsel of record via the Court’s 

CM/ECF electronic filing system.

s/ Benjamin H. Richman

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