JOINT STIPULATION TO AMEND THE AUGUST 25, 2017 CASE MANAGEMENT ORDER AND 

[PROPOSED] ORDER THEREON

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Patrick N. Keegan, Esq. (SBN 167698)

pkeegan@keeganbaker.com

James M. Treglio, Esq. (SBN 228077)

jtreglio@keeganbaker.com

KEEGAN & BAKER, LLP

6156 Innovation Way

Carlsbad, CA 92009

Tel: (760) 929-9303

Fax: (760) 929-9260

Walter Haines, Esq. (SBN 71075)

walter@whaines.com

THE UNITED EMPLOYEES LAW GROUP

5500 Bolsa Avenue, Ste 201

Huntington Beach, CA 92649

Telephone: (310) 234-5678

Facsimile: (562) 256-1006

Attorneys for Plaintiff

SERGIO MARQUEZ

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

SERGIO MARQUEZ, an individual, on behalf 

of himself and all others similarly situated,

Plaintiff,

vs.

BANK OF AMERICA, N.A., a National 

Association with its principle place of business 

in North Carolina, et al., 

Defendants.

CASE NO. 4:17-cv-00555-CW

JOINT STIPULATION TO AMEND THE 

AUGUST 25, 2017 CASE MANAGEMENT 

ORDER AND [PROPOSED] ORDER

THEREON

This Stipulation is made by and between Plaintiff Sergio Marquez (“Plaintiff”) and 

Defendant Bank of America, N.A. (the “Bank”) through their respective counsel and in light of the 

following facts:
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JOINT STIPULATION TO AMEND THE AUGUST 25, 2017 CASE MANAGEMENT ORDER AND 

[PROPOSED] ORDER THEREON

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RECITALS

WHEREAS, on or about February 2, 2017, Plaintiff filed this action against the Bank, and 

the Court issued a summons on February 3, 2017;

WHEREAS, on February 7, 2017, the Court set April 25, 2017 as the date for the Parties to 

meet and confer regarding initial disclosures, file the ADR certification, and to file a Stipulation to 

the ADR process;

WHEREAS, on August 25, 2017, based on a Stipulation of the Parties, the Court set October 

11, 2017 as the deadline for the Parties to submit their Joint Fed. R. Civ. P. 26(f) Report, and further 

set the Initial Case Management Conference for November 7, 2017;

WHEREAS, on September 1, 2017, the Bank filed a Motion to Dismiss Plaintiff’s 

Complaint;

WHEREAS, on September 22, 2017, pursuant to Fed. R. Civ. P. 15(a)(1)(G), Plaintiff 

amended his Complaint by filing his First Amended Complaint; 

WHEREAS, the First Amended Complaint names two additional defendants, Talx 

Corporation and Business Information Group, Inc.,

WHEREAS, on October 3, 2017, the Plaintiff and the Bank stipulated to allow the Bank to 

file its responsive pleading to Plaintiff’s First Amended Complaint on or before October 27, 2017;

WHEREAS, Defendant Talx Corporation is set to file their responsive pleading on or before 

October 23, 2017;

WHEREAS, Defendant Business Information Group, Inc., is set to file its responsive 

pleading on October 23, 2017;

WHEREAS, as a result of the inclusion of these new defendants, and with the responsive 

pleading for the Bank due on October 27, 2017, the Parties do not believe they can submit a 

substantive Rule 26(f) Report as of this time; and,

WHEREAS, an Initial Case Management Conference as currently set for November 7, 2017, 

also may not be productive due to the inclusion of the new Parties.
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JOINT STIPULATION TO AMEND THE AUGUST 25, 2017 CASE MANAGEMENT ORDER AND 

[PROPOSED] ORDER THEREON

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STIPULATION

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between 

Plaintiff and the Bank through their respective undersigned counsel that: The Case Management 

Dates, as set forth in the Court’s August 25, 2017 Order be continued.

As such, the Parties request that the Case Management Order set the following dates:

November 14, 2017: Last day to file Rule 26(f) Report, complete initial disclosures or state 

objection in Rule 26(f) Report and file Case Management Statement per Standing Order re Contents 

of Joint Case Management Statement; 

December 5, 2017: INITIAL CASE MANAGEMENT CONFERENCE (CMC)

DATED: October 11, 2017 KEEGAN & BAKER, LLP

By: /s/ James M. Treglio, Esq.

 James M. Treglio, Esq. Attorneys for Plaintiff

SERGIO MARQUEZ

DATED: October 11, 2017 MCGUIREWOODS LLP

By: /s/ Bryan A. Fratkin, Esq.

 Bryan A. Fratkin Esq. (pro hac vice)

Attorneys for Defendant

BANK OF AMERICA, N.A.

ATTESTATION

In compliance with Civil Local Rule 5-1(i)(3), regarding signatures, I hereby attest that I 

have obtained the concurrence in the filing of this document from all signatories. 
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JOINT STIPULATION TO AMEND THE AUGUST 25, 2017 CASE MANAGEMENT ORDER AND 

[PROPOSED] ORDER THEREON

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[PROPOSED] ORDER

GOOD CAUSE APPEARING, IT IS HEREBY ORDERD that the August 25, 2017 Case 

Management Order is amended as follows:

November 14, 2017: Last day to file Rule 26(f) Report, complete initial disclosures or state 

objection in Rule 26(f) Report and file Case Management Statement per Standing Order re Contents 

of Joint Case Management Statement; 

December 5, 2017: INITIAL CASE MANAGEMENT CONFERENCE (CMC)

Dated: ____________________________________

Hon. Judge Claudia Wilken, Judge of the 

United States District Court For the Northern 

District of California

10/12/2017