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MICHAEL R. SIMMONDS (SBN 96238)

msimmonds@snllp.com

TOMIO B. NARITA(CA SBN 156576)

tnarita@snllp.com

JENNIFER L. YAZDI (SBN 301868)

jyazdi@snllp.com

SIMMONDS & NARITA LLP

44 Montgomery Street, Suite 3010

San Francisco, CA 94104-4816

Telephone: (415) 283-1000

MICHAEL J GORBY (Pro Hac Vice)

mgorby@gorbypeters.com

MARY DONNE PETERS (Pro Hac Vice)

mpeters@gorbypeters.com

GORBY, PETERS & ASSOCIATES LLC

1175 Peachtree St. NE, Suite 1000

Atlanta, Georgia 30361

Telephone: (404) 239-1150

Attorneys for Defendant

Libre By Nexus, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JUAN QUINTANILLA VASQUEZ

and GABRIELA PERDOMO ORTIZ,

and VICTOR HUGO CATALAN

MOLINA, individually and on behalf

of all others similarly situated,

Plaintiffs,

vs.

LIBRE BY NEXUS, INC. and JOHN

DOES 1-50,

Defendants.

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CASE NO.: 4:17-cv-00755-CW (LB)

DEFENDANT’S RE-NOTICE OF

MOTION TO DISMISS COUNTS V

AND VI OF THE SECOND

AMENDED COMPLAINT

Date: August 14, 2018

Time: 2:30 p.m.

Courtroom: TBD

VASQUEZ, et. al. v. LIBRE BY NEXUS, INC. (CASE NO.: 4:17-cv-00755-CW (LB)) RE-NOTICE OF MOTION TO DISMISS COUNTS V AND VI OF SECOND AMENDED COMPLAINT

Case 4:17-cv-00755-CW Document 63 Filed 05/29/18 Page 1 of 3
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TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE THAT on August 14, 2018, at 2:30 p.m. in a

courtroom in the above Court to be assigned for the hearing, at 1301 Clay Street,

Oakland, CA 94612, the Honorable Claudia A. Wilken presiding, defendant Libre By

Nexus, Inc. ("Defendant") will and hereby does move this Court, pursuant to Rule

12(b)(6) of the Federal Rules of Civil Procedure, for an Order dismissing Counts V

and VI of the Second Amended Complaint.

This motion was previously filed on July 10, 2017 (Document 34), and

Plaintiffs filed their opposition to the motion on August 1, 2017 (Document 41). 

Further briefing and hearing on the motion was postponed several times by

stipulations, approved by the Court, as the parties engaged in settlement negotiations

and mediation. On March 8, 2018, the Court entered an Order Administratively

Terminating Motions in Light of Stay of Discovery and Continuance of all Deadlines

(Document 60), wherein the motion was denied without prejudice, the Court stating:

“If the parties do not reach a settlement of this action, the parties may re-notice the

motions for hearing and disposition according to the schedule set forth in the Court’s

January 29, 2018 order. The parties need not re-file previously-filed briefs.”

The mediator, Justice James R. Lambden (Ret.), has certified that the case did

not settle and that the mediation is complete (Document 61).

Accordingly, pursuant to the Court’s orders of March 8, 2018 (Document 60)

and January 29, 2018 (Document 58), defendant hereby re-notices the motion to

dismiss.

This motion is made on the grounds that Plaintiffs have failed to state a claim

upon which relief can be granted under 15 U.S.C. § 1692, et seq., the Fair Debt

Collections Practices Act (“FDCPA”), or under California Civil Code § 1632 et seq.,

the California Translation Act, because Plaintiffs have failed to plead sufficient facts

to constitute a valid claim for relief.

VASQUEZ, et. al. v. LIBRE BY NEXUS, INC. (CASE NO.: 4:17-cv-00755-CW (LB)) RE-NOTICE OF MOTION TO DISMISS COUNTS V AND VI OF SECOND AMENDED COMPLAINT 1

Case 4:17-cv-00755-CW Document 63 Filed 05/29/18 Page 2 of 3
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The Motion will be based on the Notice of Motion and Motion filed on July 10,

2017 and the Memorandum of Points and Authorities in Support of the Motion

contained therein (Document 34), the reply memorandum, and such other and further

evidence or argument as the Court may allow.

DATED: May 29, 2018 SIMMONDS & NARITA LLP

GORBY, PETERS & ASSOCIATES LLC 

By: /s/ Michael R. Simmonds Michael R. Simmonds

Attorneys for Defendant

Libre By Nexus, Inc.

VASQUEZ, et. al. v. LIBRE BY NEXUS, INC. (CASE NO.: 4:17-cv-00755-CW (LB)) RE-NOTICE OF MOTION TO DISMISS COUNTS V AND VI OF SECOND AMENDED COMPLAINT 2

Case 4:17-cv-00755-CW Document 63 Filed 05/29/18 Page 3 of 3