Gelizon v. Green Dot Corporation

District Court, D. Nevada

Gelizon v. Green Dot Corporation

Trial Court Opinion

1 Jordan T. Smith, Esq., Bar No. 4027 [email protected] 2 PISANELLI BICE PLLC 400 South 7th Street, Suite 300 3 Las Vegas, Nevada 89101 Telephone: 702.214.2100 4 Facsimile: 702.214.2101

5 Lauri A. Mazzuchetti, Esq. (pro hac vice to be submitted) [email protected] 6 Whitney M. Smith, Esq. (pro hac vice to be submitted) [email protected] 7 KELLEY DRYE & WARREN LLP One Jefferson Road, Second Floor 8 Parsippany, NJ 07054

9 Attorneys for Defendant Green Dot Corporation

10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE DISTRICT OF NEVADA 12

13 JAY GELIZON, individually and on behalf of CASE NO.: 2:21-cv-00335-RFB-BNW all others similarly situated, 14 CLASS ACTION Plaintiff, 15 v. 16 GREEN DOT CORPORATION, 17 Defendant. 18

19 20 JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME 21 SECOND REQUEST 22 IT IS HEREBY STIPULATED AND AGREED by Plaintiff Jay Gelizon, individually and 23 on behalf of all others similarly situated ("Plaintiff") and Green Dot Corporation ("Defendant"), 24 subject to the approval of the Court, that the time for Green Dot to answer, move, or otherwise 25 respond to Plaintiff's Complaint is extended from the current April 23, 2021 deadline to May 10, 26 2021 in light of the Supreme Court’s recent decision in Facebook, Inc. v. Duguid,

141 S. Ct. 1163 27

(2021), issued on April 1, 2021. 1 1. Plaintiff filed the Complaint on February 26, 2021. (ECF No. 1.) 2 2. Defendant’s original deadline to respond to the Complaint was March 24, 2021 3 || However, the parties stipulated to an extension of time to April 23, 2021 to allow Defendan 4 || additional time to investigate the Complaint’s allegations. (ECF No. 6.) 5 3. In the meantime, the Supreme Court issued its decision in Facebook, Inc. \ 6 || Duguid,

141 S. Ct. 1163

(2021), which addresses provisions of the Telephone Consume 7 || Protection Act upon which Plaintiff relies as the basis of his claim in this action. 8 4. Accordingly, the parties stipulate and agree that Defendant shall have up to an 9 || including May 10, 2021 to answer, move, or otherwise respond to the Complaint. 10 5. This is the second extension of this deadline. The parties have entered thi 11 || stipulation in good faith and it is not meant for purposes of delay. 12 || Submitted this 14th day of April, 2021 Submitted this 14th day of April, 2021 13 || KIND LAW PISANELLI BICE PLLC

By: __/s/ Michael Kind By: __/s/ Jordan T. Smith 15 Michael Kind, Esq., #13903 Jordan T. Smith, Esq., #12097 8860 S. Maryland Parkway, Suite 106 400 South 7th Street, Suite 300 16 Las Vegas, Nevada 89123 Las Vegas, Nevada 89101 17 and KELLEY DRYE & WARREN LLP 18 George Haines, Esq., #9411 Gerardo Avalos, Esq., #15171 19 FREEDOM LAW FIRM By: _ /s/Lauri A. Mazzuchetti 8985 S. Eastern Avenue., Suite 350 Lauri A. Mazzuchetti, Esq. 20 Las Vegas, Nevada 89123 One Jefferson Road, Second Floor Parsippany, NJ 07054 21 || Attorneys for Plaintiff Jay Gelizon Attorneys for Defendant Green Dot 22 Corporation 23 ORDER 24 IT IS SO ORDERED. qm be We beta UNITED STATES DISTRICT COURT JUDGE 26 April 20, 2021 27 DATED: 28 CASE NO.: 2:21-cv-00335-RFB-BNW

Reference

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