On July 07, 2017 a
Order
was filed
involving a dispute between
Pajarit, David Austria,
and
Does 1 - 10, Inclusive,
Velocity Investments, Llc,
for Complex Civil Unlimited Class Action
in the District Court of San Mateo County.
Preview
.
17—CIV—03046
.'
\
cMO
WW 35.151353?“
SUPERIOR COURT OF THE STATE OF CALIFORNIA
'
COUNTY OF SAN MATEO
COMPLEX CIVIL LITIGATION
DAVID AUSTRIA PAJARIT, Case No. 17CIV03046
individually and on behalf of all others CLASS ACTION
similarly situated,
Assigned for All Purposes to
Plaintiff, '
Hon. Marie S. Weiner, Dept. 2
'
vs. CASE MANAGEMENT ORDER #3
VELOCITY INVESTMENTS LLC, et
al.,
Defendants.
On June 19, 2018, aCase Management Conference and Discovery Conference
were held in Department 2 of this Court before the Honorable MarieS. Weiner. Matthew
Salmonsen of Consumer Law Center Inc. appeared on behalf of Plaintiff Paj arit and the
putative class; and Renee Choy Ohlendorf of Hinshaw & Culbertson LLP appeared on
behalf of Defendant Velocity Investments LLC.
_ Discovery disputes were discussed.
The Court made the following rulings at the Conference, which are set forth
herein as the formal order of this Court.
IT IS HEREBY ORDERED as follows:
1. An extension of time to bring any motion to compel discovery is
GRANTED until further order of the Court, so that discovery may proceed in phases.
2. On or before June 29, 2018, Defendant shall serve its verification to its
answers to Plaintiff’s Special Interrogatories. In regards to Plaintiff’s request for
production of documents Nos. 11-13, on or before June 29, 2018, Defendant shall
produce the documents reflecting policies and procedures in effect as of July 7, 2016. On
or before June 29, 2018, Defendant shall serve verified amended responses to Plaintiff’s
requests for production of documents Nos. 5, 6, 7, 9, 10, 11, 12, and 13 clarifying that all
responsive documents have been production and none have been withheld on the basis of
privilege.
3. On or before June 22, 2018, Defendant shall serve its Privilege Log of all
responsive documents withheld on the basis of privilege (or otherwise).
4. Defendant shall produce the Account Purchase Agreement dated
November 30, 2016 between Velocity and Lending Club, which Defendant may
designate as Confidential. Counsel for the parties shall meet and confer prior to any
redactions 0r abridgement of the entire Account Purchase Agreement.
5. Counsel for the parties shall meet and confer and stipulated to the date and
location for Plaintiffs deposition during the second half of July 2018, and Plaintiff shall
appear for deposition prior to the end of July 2018.
6. On or before July 20, 2018, Plaintiff shall file and serve his Motion for
Class Certification. Any opposition shall be filed and served on or before August 20,
2018. Any reply shall be filed and served on or before September 5, 2018. Hearing on
the Motion for Class Certification is set for Wednesday, September 12, 2018 at 10:00
a.m. in Department 2
DATED: June
of this Court.
19,2018
I
W
.
'
M
HON. MARIE S. WEINER
JUDGE OF THE SUPERIOR COURT
SERVICE LIST
Pajarit v. Velocity, Class Action 17CIV03046
as of April 2018
Attorney for Plaintiff:
FRED SCHWINN .
RACON ROULSTON
MATTHEW SALMONSEN
CONSUMER LAW CENTER INC.
12 South First Street, Suite 1014
San Jose, CA 95113-2418
(408) 294-6100
Attorneys for Defendants:
JUSTIN PENN A
HINSHAW & CULBERTSON LLP
11601 Wilshire Boulevard
Suite 800 _
Los Angeles, CA 90025
(312) 704-3000
TYLER CARLE
RENEE CHOY OHLENDORF
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
San Francisco, CA 94111
(415) 362-6000
Document Filed Date
June 19, 2018
Case Filing Date
July 07, 2017
Category
Complex Civil Unlimited Class Action
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. 17—CIV—03046 .' \ cMO WW 35.151353?“ SUPERIOR COURT OF THE STATE OF CALIFORNIA ' COUNTY OF SAN MATEO COMPLEX CIVIL LITIGATION DAVID AUSTRIA PAJARIT, Case No. 17CIV03046 individually and on behalf of all others CLASS ACTION similarly situated, Assigned for All Purposes to Plaintiff, ' Hon. Marie S. Weiner, Dept. 2 ' vs. CASE MANAGEMENT ORDER #3 VELOCITY INVESTMENTS LLC, et al., Defendants. On June 19, 2018, aCase Management Conference and Discovery Conference were held in Department 2 of this Court before the Honorable MarieS. Weiner. Matthew Salmonsen of Consumer Law Center Inc. appeared on behalf of Plaintiff Paj arit and the putative class; and Renee Choy Ohlendorf of Hinshaw & Culbertson LLP appeared on behalf of Defendant Velocity Investments LLC. _ Discovery disputes were discussed. The Court made the following rulings at the Conference, which are set forth herein as the formal order of this Court. IT IS HEREBY ORDERED as follows: 1. An extension of time to bring any motion to compel discovery is GRANTED until further order of the Court, so that discovery may proceed in phases. 2. On or before June 29, 2018, Defendant shall serve its verification to its answers to Plaintiff’s Special Interrogatories. In regards to Plaintiff’s request for production of documents Nos. 11-13, on or before June 29, 2018, Defendant shall produce the documents reflecting policies and procedures in effect as of July 7, 2016. On or before June 29, 2018, Defendant shall serve verified amended responses to Plaintiff’s requests for production of documents Nos. 5, 6, 7, 9, 10, 11, 12, and 13 clarifying that all responsive documents have been production and none have been withheld on the basis of privilege. 3. On or before June 22, 2018, Defendant shall serve its Privilege Log of all responsive documents withheld on the basis of privilege (or otherwise). 4. Defendant shall produce the Account Purchase Agreement dated November 30, 2016 between Velocity and Lending Club, which Defendant may designate as Confidential. Counsel for the parties shall meet and confer prior to any redactions 0r abridgement of the entire Account Purchase Agreement. 5. Counsel for the parties shall meet and confer and stipulated to the date and location for Plaintiffs deposition during the second half of July 2018, and Plaintiff shall appear for deposition prior to the end of July 2018. 6. On or before July 20, 2018, Plaintiff shall file and serve his Motion for Class Certification. Any opposition shall be filed and served on or before August 20, 2018. Any reply shall be filed and served on or before September 5, 2018. Hearing on the Motion for Class Certification is set for Wednesday, September 12, 2018 at 10:00 a.m. in Department 2 DATED: June of this Court. 19,2018 I W . ' M HON. MARIE S. WEINER JUDGE OF THE SUPERIOR COURT SERVICE LIST Pajarit v. Velocity, Class Action 17CIV03046 as of April 2018 Attorney for Plaintiff: FRED SCHWINN . RACON ROULSTON MATTHEW SALMONSEN CONSUMER LAW CENTER INC. 12 South First Street, Suite 1014 San Jose, CA 95113-2418 (408) 294-6100 Attorneys for Defendants: JUSTIN PENN A HINSHAW & CULBERTSON LLP 11601 Wilshire Boulevard Suite 800 _ Los Angeles, CA 90025 (312) 704-3000 TYLER CARLE RENEE CHOY OHLENDORF HINSHAW & CULBERTSON LLP One California Street, 18th Floor San Francisco, CA 94111 (415) 362-6000