Davis v. American Education Services LLC ( 2023 )

1 BENNETT TUELLER JOHNSON & DEERE Jared L. Inouye (Nevada Bar No. 9067) 2 3165 East Millrock Drive, Suite 500 Salt Lake City, UT 84121 3 Phone: (801) 438-2000 4 Jinouye@btjd.com 5 THOMPSON HINE LLP Jessica Salisbury-Copper (admitted pro hac vice) 6 10050 Innovation Drive, Suite 400 Miamisburg, Ohio 45342 7 Phone: (937) 443-6854 8 Jessica.Salisbury-Copper@ThompsonHine.com 9 Kip Bollin (admitted pro hac vice) 3900 Key Center 10 127 Public Square Cleveland, Ohio 44114 11 Phone: (216) 566-5500 12 Kip.Bollin@ThompsonHine.com 13 Brandon Stein (admitted pro hac vice) 20 N Clark Street, Suite 3200 14 Chicago, IL 60602 15 Phone: (312) 998-4253 Brandon.Stein@ThompsonHine.com 16 Attorneys for Defendant KeyBank N.A. 17 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 18 Amanda Davis, individually Case No.: 2:22-cv-01645-JAD-EJY 19 and on behalf of all others similarly situated, 20 ORDER GRANTING STIPULATED Plaintiff, MOTION TO AMEND KEY’S 21 MOTION TO DISMISS PLAINTIFF’S v. AMENDED COMPLAINT (ECF NO. 22 31) AND SET BRIEFING SCHEDULE KeyBank N.A.; and KeyBank Trust d/b/a 23 American Education Services LLC. d/b/a 24 KeyCorp Student Loan Trust, ECF Nos. 31, 35 25 Defendants. 26 27 1 Plaintiff Amanda Davis, Defendant American Education Services LLC (“AES”) and 2 Defendant KeyBank N.A. (“Key”), by and through their undersigned counsel, hereby request 3 court approval of the following stipulation: 4 On January 3, 2023, Key filed a Motion to Dismiss Plaintiff’s Amended Complaint (ECF 5 No. 31). In its motion, Key included argument and authorities supporting its motion to dismiss 6 Plaintiff’s claims under the Fair Credit Reporting Act (“FCRA”). The next day on January 4, 7 8 2023, the Second Circuit entered a decision in Mader v. Experian Information Solutions, Inc., 9 Nos. 20-3073, 21-2171, 2023 U.S. App. LEXIS 79, 2023 WL 27654 (2d Cir. Jan. 4, 2023), 10 which Key asserts is relevant to its pending Motion to Dismiss. While Plaintiff disagrees that 11 Mader is relevant and will address it in Plaintiff's opposition to Key's Motion to Dismiss, 12 Plaintiff agrees to the proposed stipulation so Key can amend its Motion to Dismiss and Plaintiff 13 can adequately review and respond to Key's Motion. 14 15 WHEREAS, Plaintiff and Key hereby stipulate and agree as follows: 16 1. Key will be permitted to amend its Motion to Dismiss Plaintiff’s Amended Complaint 17 (ECF No. 31) (the “Amended Motion”) to include arguments related to the analysis in 18 Mader v. Experian Information Solutions, Inc., 2023 U.S. App. LEXIS 79. 19 2. Key shall file the Amended Motion within three (3) days after the Court enters an 20 order granting this stipulated motion. 21 3. Once filed, the Amended Motion will amend the Motion to Dismiss (ECF No. 31) 22 23 and the Amended Motion will become the operative pleading. 24 4. Plaintiff shall respond to Key’s Amended Motion within thirty (30) days after Key 25 files the Amended Motion. 26 27 5. Plaintiff shall respond to Key’s Motion to Strike Class Allegations (ECF No. 32) (the 2 “Motion to Strike”) within thirty (30) days after Key files the Amended Motion. 3 6. Key shall reply to Plaintiffs response to the Amended Motion and Motion to Strike 4 5 within fourteen (14) days after Plaintiff files its respective responses. 6 DATED: January 11, 2023 7 BENNETT TUELLER JOHNSON & DEERE FREEDOM LAW FIRM Jared Inouye /s/ George Haines 10 Jared Inouye George Haines, Esq. Nevada Bar No. 9067 Nevada Bar No. 9411 11 || 3165 East Millrock Drive, Suite 500 8985 S. Eastern Ave., Suite 350 Salt Lake City, UT 84121 Las Vegas, NV 89123 12|| Attorneys for KeyBank National Association Attorneys for Plaintiff Amanda Davis 13 14 BROWNSTEIN HYATT FARBER SCHRECK, LLP /s/Patrick J. Reilly Patrick J. Reilly 100 North City Parkway, Suite 1600 Las Vegas, NV 89106 17 Attorneys for AES 18 19 20 ORDER 21 Based on the parties’ stipulation [ECF No. 35] and good cause appearing, IT IS SO ORDERED. The original motion to dismiss [ECF No. 31] is DENIED without prejudice to 22 the filing of the amended motion to dismiss as stipulated. oS 24 US. District Judge Jennifer A. Dorsey Dated: January 13, 2023 25 26 27 28 4870-8213-2537.1