1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

STIPULATION TO EXTEND TIME FOR DEFENDANT TD BANK USA, NATIONAL ASSOCIATION TO 

RESPOND TO AMENDED COMPLAINT

3562218v1 0995287

Renee Choy Ohlendorf (SBN 263939)

rchoy@hinshawlaw.com

HINSHAW & CULBERTSON LLP

One California Street, 18th Floor

San Francisco, CA 94111

Telephone: 415-362-6000

Facsimile: 415-834-9070

Attorneys for Defendant TD Bank USA, National Association 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

Lacy Rose, 

Plaintiff,

vs.

Equifax, Inc.; TransUnion, LLC; Avant, Inc.; 

First Data Merchant Services, LLC; TD Bank 

USA, National Association and Does 1 through 

100,

Defendants.

Case No. 3:17-cv-00419-MMC

STIPULATION TO EXTEND TIME FOR 

DEFENDANT TD BANK USA, NATIONAL 

ASSOCIATION TO RESPOND TO 

PLAINTIFF'S AMENDED COMPLAINT

Complaint Filed: January 26, 2017

Pursuant to Local Rules 6-1(a) and 6-2, Defendant TD Bank USA, National Association 

("TD Bank") and Plaintiff Lacy Rose ("Plaintiff"), by and through their undersigned counsel of 

record, stipulate and agree as follows:

WHEREAS, on January 26, 2017, Plaintiff filed her initial complaint [Dkt. 1];

WHEREAS, TD Bank filed a Motion to Dismiss the Initial Complaint on March 17, 2017 

[Dkt. 28];

WHEREAS, on April 7, 2017, Plaintiff filed and served an Amended Complaint [Dkt. 35]. 

Pursuant to F.R.C.P. 15(a)(3), TD Bank is to answer or otherwise respond to the Amended 

Complaint on or before April 21, 2017;

WHEREAS, to permit TD Bank sufficient time to evaluate the claims in the Amended 

Complaint and prepare an appropriate responsive pleading or motion, and for the parties to discuss a 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

APPROVED

Judge Maxine M. Chesney

Date: April 13, 2017
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

STIPULATION TO EXTEND TIME FOR DEFENDANT TD BANK USA, NATIONAL ASSOCIATION TO 

RESPOND TO AMENDED COMPLAINT

3562218v1 0995287

potential early resolution of the case, the parties have agreed to a forty-five day extension for TD 

Bank to answer or otherwise respond to the amended complaint up to and including June 5, 2017. 

The parties have been in the process of exchanging informal discovery. This extension will not 

affect any pending court dates or deadlines, nor will it prejudice any party herein. The Initial Case 

Management Conference is set for hearing on June 16, 2017, with the Joint Case Management 

Statement to be filed on or before June 9, 2017. 

IT IS STIPULATED THAT TD Bank shall have up to and including June 5, 2017 to 

answer or otherwise respond to Plaintiff's Amended Complaint. 

Dated: April 11, 2017

By:

HINSHAW & CULBERTSON LLP

/s/ Renee Choy Ohlendorf

Renee Choy Ohlendorf

Attorneys for Defendant TD Bank USA, 

National Association 

Dated: April 11, 2017

By:

SAGARIA LAW, P.C.

_/s/ Elliot Wayne Gale__________________

Elliot Wayne Gale

Attorneys for Plaintiff Lacy Rose

FILER ATTESTATION

Pursuant to Rule 5-1(i)(3) of the Local Rules of Practice in Civil Proceedings Before the 

United States District Court for the Northern District of California, I, Renee Choy Ohlendorf, hereby 

attest that concurrence in the filing of this document has been obtained from each of the other 

signatories. 

I declare under penalty of perjury under the laws of the State of California and the United 

States of America that the foregoing is true and correct. 

s/Renee Choy Ohlendorf