Case: Perez v. Discover Bank

U.S. Court of Appeals for the Ninth Circuit

NOTICE OF REMOVAL By Defendant Discover Bank from Superior Court County of San Mateo. Their case number is 20CIV03045. (Filing fee $400 receipt number 0971-15018293). Filed byDiscover Bank. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet)(Rao, Arjun) (Filed on 10/2/2020) (Entered: 10/02/2020)

1 Exhibit A

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2 Civil Cover Sheet

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Certificate of Interested Entities by Discover Bank identifying Corporate Parent Discover Financial Services for Discover Bank. (Rao, Arjun) (Filed on 10/2/2020) (Entered: 10/02/2020)

Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/19/2020. (mbcS, COURT STAFF) (Filed on 10/5/2020) (Entered: 10/05/2020)

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/28/2020. Initial Case Management Conference set for 1/4/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor. (fabS, COURT STAFF) (Filed on 10/5/2020) (Entered: 10/05/2020)

~Util - Case Assigned by Intake

NOTICE of Appearance by Ali Fesharaki for Defendant Discover Bank (Fesharaki, Ali) (Filed on 10/6/2020) (Entered: 10/06/2020)

NOTICE of Appearance by Julia B. Strickland for Defendant Discover Bank (Strickland, Julia) (Filed on 10/6/2020) (Entered: 10/06/2020)

NOTICE of Appearance by David Wesley Moon for Defendant Discover Bank (Moon, David) (Filed on 10/6/2020) (Entered: 10/06/2020)

CERTIFICATE OF SERVICE by Discover Bank re 4 Initial Case Management Scheduling Order with ADR Deadlines, (Fesharaki, Ali) (Filed on 10/6/2020) (Entered: 10/06/2020)

STIPULATION WITH PROPOSED ORDER Stipulation Pursuant to Local Rule 6-2 with Proposed Order filed by Discover Bank. (Attachments: # 1 Declaration of Arjun P. Rao, # 2 Proposed Order)(Rao, Arjun) (Filed on 10/9/2020) (Entered: 10/09/2020)

ORDER by Magistrate Judge Sallie Kim granting 9 Stipulation for Extension of Time. (mklS, COURT STAFF) (Filed on 10/15/2020) (Entered: 10/15/2020)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Flavio Guzman Magana, Iliana Perez.. (Thrift-Viveros, Deylin) (Filed on 10/16/2020) (Entered: 10/16/2020)

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 10/16/2020) (Entered: 10/16/2020)

Clerk's Notice of Impending Reassignment - Text Only

ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Susan Illston for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 10/19/20. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 10/19/2020) (Entered: 10/19/2020)

CLERKS NOTICE ON REASSIGNMENT SETTING TELEPHONIC HEARING. Initial Case Management Conference set for 1/8/2021 at 02:30 PM. Joint Case Management Statement due by 1/1/2021. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 5862990The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.,. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 5862990The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Initial Case Management Conference set for 1/8/2021 02:30 PM in San Francisco, Courtroom 01, 17th Floor. (Attachments: # 1 SI Standing Order, # 2 CAND Standing Order) (ecS, COURT STAFF) (Filed on 10/19/2020) (Entered: 10/19/2020)

CERTIFICATE OF SERVICE by Flavio Guzman Magana, Iliana Perez (Thrift-Viveros, Deylin) (Filed on 10/21/2020) (Entered: 10/21/2020)

STIPULATION WITH PROPOSED ORDER To File Amended Class Action Complaint filed by Flavio Guzman Magana, Iliana Perez. (Attachments: # 1 Proposed Order)(Thrift-Viveros, Deylin) (Filed on 12/3/2020) (Entered: 12/03/2020)

Order by Judge Susan Illston granting 16 Stipulation to File First Amended Class Action Complaint.(ecS, COURT STAFF) (Filed on 12/4/2020) (Entered: 12/04/2020)

AMENDED COMPLAINT against Discover Bank. Filed byIliana Perez, Flavio Guzman Magana. (Thrift-Viveros, Deylin) (Filed on 12/7/2020) (Entered: 12/07/2020)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Thrift-Viveros, Deylin) (Filed on 12/18/2020) (Entered: 12/18/2020)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Thrift-Viveros, Deylin) (Filed on 12/18/2020) (Entered: 12/18/2020)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Rao, Arjun) (Filed on 12/22/2020) (Entered: 12/22/2020)

Certificate of Interested Entities by Flavio Guzman Magana, Iliana Perez (Thrift-Viveros, Deylin) (Filed on 12/28/2020) (Entered: 12/28/2020)

JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Flavio Guzman Magana, Iliana Perez. (Thrift-Viveros, Deylin) (Filed on 12/31/2020) (Entered: 12/31/2020)

MOTION to Compel Arbitration and to Stay Action filed by Discover Bank. Motion Hearing set for 2/12/2021 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 1/19/2021. Replies due by 1/26/2021. (Attachments: # 1 Declaration of Nathan Christiansen, # 2 Exhibit A through D, # 3 Proposed Order)(Rao, Arjun) (Filed on 1/4/2021) (Entered: 01/04/2021)

Minute Entry for proceedings held before Judge Susan Illston: Telephonic Initial Case Management Conference held on 1/8/2021.Total Time in Court: 7 minutes. Court Reporter: Not reported. (ecS, COURT STAFF) (Date Filed: 1/11/2021) (Entered: 01/11/2021)

STIPULATION WITH PROPOSED ORDER re 24 MOTION to Compel Arbitration and to Stay Action filed by Discover Bank. (Attachments: # 1 Proposed Order)(Rao, Arjun) (Filed on 1/15/2021) (Entered: 01/15/2021)

Order by Judge Susan Illston granting 26 Stipulation to Continue Hearing and for Modified Briefing Schedule on Defendant's Motion to Compel Arbitration. Oppositions due by 2/1/2021. Replies due by 2/16/2021. Motion Hearing set for 3/5/2021 at 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston.(ecS, COURT STAFF) (Filed on 1/19/2021) (Entered: 01/19/2021)

OPPOSITION/RESPONSE (re 24 MOTION to Compel Arbitration and to Stay Action ) filed byFlavio Guzman Magana, Iliana Perez. (Attachments: # 1 Declaration Declaration of Iliana Perez and Exhibits, # 2 Declaration Declaration of Deylin Thrift-Viveros and Exhibit)(Thrift-Viveros, Deylin) (Filed on 2/1/2021) (Entered: 02/01/2021)

REPLY (re 24 MOTION to Compel Arbitration and to Stay Action ) filed byDiscover Bank. (Rao, Arjun) (Filed on 2/16/2021) (Entered: 02/16/2021)

STIPULATION WITH PROPOSED ORDER (To Stay Action Pending Mediation) filed by Discover Bank. (Attachments: # 1 Proposed Order)(Rao, Arjun) (Filed on 2/26/2021) (Entered: 02/26/2021)

Order by Judge Susan Illston granting 30 Stipulation To Stay Action Pending Mediation.Further Case Management Conference set for 5/21/2021 at 03:00 PM in San Francisco, Courtroom 01, 17th Floor. Joint Case Management Statement due by 5/14/2021. (ecS, COURT STAFF) (Filed on 2/26/2021) (Entered: 02/26/2021)

CLERKS NOTICE SETTING TELEPHONIC HEARING. Further Case Management Conference set for 5/21/2021 at 03:00 PM - Telephonic Only. Joint Case Management Statement due by 5/14/2021. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 5862990The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Further Case Management Conference set for 5/21/2021 03:00 PM in San Francisco, - Telephonic Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 4/6/2021) (Entered: 04/06/2021)

Clerk's Notice Setting Telephonic Hearing (AT&T)

CLERKS NOTICE ADVANCING TIME & SETTING ZOOM HEARING. Further Case Management Conference set for 5/21/2021 at 12:00 PM - Videoconference Only. Joint Case Management Statement due by 5/14/2021. This proceeding will be held via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than May 13, 2021 at 2:00 PM Pacific.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Further Case Management Confer ence set for 5/21/2021 12:00 PM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 5/10/2021) (Entered: 05/10/2021)

Clerk's Notice Setting Zoom Hearing

JOINT CASE MANAGEMENT STATEMENT (Supplemental) filed by Discover Bank. (Rao, Arjun) (Filed on 5/14/2021) (Entered: 05/14/2021)

CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE: Joint Case Management Statement due by 6/18/2021. Further Case Management Conference set for 6/25/2021 at 03:00 PM in San Francisco, Courtroom 01, 17th Floor. (ecS, COURT STAFF) (Filed on 5/17/2021) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 05/17/2021)

Clerk's Notice

CLERKS NOTICE SETTING TELEPHONIC HEARING. Further Case Management Conference set for 6/25/2021 at 03:00 PM - Telephonic Only. Joint Case Management Statement due by 6/18/2021.This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 1-888-684-8852Access Code: 5862990The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. Further Case Management Conference set for 6/25/2021 03:00 PM in San Francisco, - Telephonic Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 5/20/2021) (Entered: 05/20/2021)

Clerk's Notice Setting Telephonic Hearing (AT&T)

CLERKS NOTICE ADVANCING TIME OF FURTHER CASE MANAGEMENT CONFERENCE: Due to a change in the Court's availability, the Further Case Management Conference set for 6/25/2021 will be held at 10:00 AM - Videoconference Only. Joint Case Management Statements are due 6/18/2021. This proceeding will be held via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than June 22, 2021 at 2 p.m. Pacific.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 6/25/2021 10:00 AM in San Francisco, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 6/17/2021) (Entered: 06/17/2021)

Clerk's Notice Setting Zoom Hearing

SUPPLEMENTAL JOINT CASE MANAGEMENT STATEMENT filed by Flavio Guzman Magana, Iliana Perez. (Thrift-Viveros, Deylin) (Filed on 6/18/2021) (Entered: 06/18/2021)

Minute Entry for proceedings held before Judge Susan Illston: Further Case Management Conference held on 6/25/2021 via Zoom webinar. Motion to Compel Arbitration Hearing set for 8/6/2021 at 10:00 AM - Videoconference Only before Judge Susan Illston.Total Time in Court: 5 minutes. Court Reporter: FTR - SF. Plaintiff Attorney: Belinda Escobosa, Deylin Thrift-Viveros. Defendant Attorney: Julie Strickland, Ali Fesheraki. (ecS, COURT STAFF) (Date Filed: 6/25/2021) (Entered: 06/25/2021)

CLERKS NOTICE SETTING ZOOM HEARING. Motion to Compel Arbitration Hearing set for 8/6/2021 at 10:00 AM - Videoconference Only before Judge Susan Illston. This proceeding will be held via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than July 30, 2021 at 2 p.m. Pacific.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 8/6/2021 10:00 AM in San Francisco, - Videocon ference Only before Judge Susan Illston. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 6/25/2021) (Entered: 06/25/2021)

Clerk's Notice Setting Zoom Hearing

STIPULATION WITH PROPOSED ORDER filed by Flavio Guzman Magana, Iliana Perez. (Attachments: # 1 SECOND AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND DAMAGES)(Thrift-Viveros, Deylin) (Filed on 7/23/2021) (Entered: 07/23/2021)

Order by Judge Susan Illston granting 41 Stipulation to File Second Amended Complaint.(ecS, COURT STAFF) (Filed on 7/23/2021) (Entered: 07/23/2021)

AMENDED COMPLAINT Second Amended Complaint against Discover Bank. Filed byIliana Perez, Flavio Guzman Magana. (Thrift-Viveros, Deylin) (Filed on 7/23/2021) (Entered: 07/23/2021)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16224743.) filed by Flavio Guzman Magana, Josue Jimenez Magana, Iliana Perez. (Miazad, Ossai) (Filed on 7/28/2021) (Entered: 07/28/2021)

NOTICE of Appearance by Mikael Andres Rojas (Rojas, Mikael) (Filed on 7/28/2021) (Entered: 07/28/2021)

Order by Judge Susan Illston granting 44 Motion for Pro Hac Vice of Ossai Miazad.(ecS, COURT STAFF) (Filed on 7/28/2021) (Entered: 07/28/2021)

CLERKS NOTICE CONTINUING MOTION HEARING. Motion to Compel 24 Hearing CONTINUED TO 8/27/2021 at 10:00 AM - Videoconference Only before Judge Susan Illston. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings h eld by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 8/27/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ecS, COURT STAFF) (Filed on 8/3/2021) (Entered: 08/03/2021)

Clerk's Notice Setting Zoom Hearing

ORDER RE AUGUST 27, 2021 HEARING ON DEFENDANT'S MOTION TO COMPEL ARBITRATION (Illston, Susan) (Filed on 8/23/2021) (Entered: 08/23/2021)

Minute Entry for proceedings held before Judge Susan Illston: Motion Hearing held via Zoom webinar on 8/27/2021 re 24 MOTION to Compel Arbitration and to Stay Action filed by Discover Bank.Total Time in Court: 16 minutes. Court Reporter: Ruth Levine Ekhaus. Plaintiff Attorney: Deylin Thrift-Vivero. Defendant Attorney: Julie Strickland, Arjun Rao. (ecS, COURT STAFF) (Date Filed: 8/27/2021) (Entered: 08/27/2021)

AMENDED CIVIL MINUTES correcting time Amendment to 49 Motion Hearing. (ecS, COURT STAFF) (Filed on 9/1/2021) (Entered: 09/01/2021)

ORDER GRANTING DEFENDANT'S MOTION TO COMPEL ARBITRATION 24 Motion to Compel. (Illston, Susan) (Filed on 9/23/2021) (Entered: 09/23/2021)

TRANSCRIPT ORDER for proceedings held on 8/27/2021 before Judge Susan Illston by Flavio Guzman Magana, Josue Jimenez Magana, Iliana Perez, for Court Reporter Ruth Ekhaus. (Miazad, Ossai) (Filed on 10/4/2021) (Entered: 10/04/2021)

Transcript of Proceedings held on 08/27/2021, before Judge Susan Illston. Court Reporter Ruth Levine Ekhaus, RMR, RDR, FCRR, CSR No. 12219, telephone number (415)336-5223/ruth_ekhaus@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 52 Transcript Order ) Redaction Request due 10/26/2021. Redacted Transcript Deadline set for 11/5/2021. Release of Transcript Restriction set for 1/3/2022. (Related documents(s) 52 ) (rreS, COURT STAFF) (Filed on 10/5/2021) (Entered: 10/05/2021)

TRANSCRIPT ORDER for proceedings held on 08/27/2021 before Judge Susan Illston by Discover Bank, for Court Reporter Ruth Ekhaus. (Fesharaki, Ali) (Filed on 10/8/2021) (Entered: 10/08/2021)

MOTION for Leave to File Motion for Partial Consideration filed by Flavio Guzman Magana, Josue Jimenez Magana, Iliana Perez. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Transcripts, # 3 Exhibit Letter, # 4 Exhibit Declaration, # 5 Exhibit Letter, # 6 Exhibit)(Thrift-Viveros, Deylin) (Filed on 10/14/2021) (Entered: 10/14/2021)

1 Exhibit Declaration

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2 Exhibit Transcripts

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3 Exhibit Letter

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4 Exhibit Declaration

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5 Exhibit Letter

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6 Exhibit

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OPPOSITION/RESPONSE (re 55 MOTION for Leave to File Motion for Partial Consideration ) filed byDiscover Bank. (Rao, Arjun) (Filed on 10/15/2021) (Entered: 10/15/2021)

MOTION to Strike 43 Amended Complaint (Strike Class Allegations) filed by Discover Bank. Motion Hearing set for 12/3/2021 10:00 AM in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. Responses due by 11/1/2021. Replies due by 11/8/2021. (Attachments: # 1 Proposed Order)(Rao, Arjun) (Filed on 10/18/2021) (Entered: 10/18/2021)

1 Proposed Order

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CLERK'S NOTICE SETTING BRIEFING SCHEDULE AND HEARING: Motion for Leave to File a Partial Reconsideration 55 Hearing set for 12/3/2021 at 10:00 AM - Videoconference Only before Judge Susan Illston. This proceeding will be held via a Zoom webinar.Oppositions due by 11/5/2021. Replies due by 11/12/2021. Webinar Access: All counsel, members of the public, and media may access the webinar information at ht tps://www.cand.uscourts.gov/si Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than 11/24/21 at 2 pm Pacific.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https: //www.cand.uscourts.gov/zoom/.Set/Reset Deadlines as to 55 MOTION for Leave to File Motion for Partial Consideration. Responses due by 11/5/2021. Replies due by 11/12/2021. Motion Hearing set for 12/3/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston. (ecS, COURT STAFF) (Filed on 10/20/2021) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 10/20/2021)

~Util - Teleconference Zoom AND ~Util - Set Motion and Deadlines/Hearings AND Clerk's Notice

~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom AND Clerk's Notice

~Util - Teleconference Zoom AND Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

STIPULATION AND [PROPOSED] ORDER FOR MODIFIED BRIEFING SCHEDULE ON DEFENDANTS MOTION TO STRIKE re 57 MOTION to Strike 43 Amended Complaint (Strike Class Allegations) to Modify Briefing Schedule filed by Flavio Guzman Magana, Josue Jimenez Magana, Iliana Perez. (Miazad, Ossai) (Filed on 10/28/2021) (Entered: 10/28/2021)

Order by Judge Susan Illston granting 59 Stipulation to Modify Briefing schedule on Defendant's Motion to Strike.Oppositions due by 11/8/2021. Replies due by 11/18/2021. (ec, COURT STAFF) (Filed on 10/28/2021) (Entered: 10/28/2021)

OPPOSITION/RESPONSE (re 55 MOTION for Leave to File Motion for Partial Consideration ) filed byDiscover Bank. (Rao, Arjun) (Filed on 11/5/2021) (Entered: 11/05/2021)

OPPOSITION/RESPONSE (re 57 MOTION to Strike 43 Amended Complaint (Strike Class Allegations) ) filed byFlavio Guzman Magana, Josue Jimenez Magana, Iliana Perez. (Attachments: # 1 Declaration of Ossai Miazad in Support of Plaintiffs' Opposition to Defendant's Motion to Strike, # 2 Exhibit A to Miazad Declaration, # 3 Exhibit B to Miazad Declaration)(Sagafi, Jahan) (Filed on 11/8/2021) (Entered: 11/08/2021)

Statement Notice of Withdrawal of Counsel Belinda Escobosa Helzer by Flavio Guzman Magana, Josue Jimenez Magana, Iliana Perez. (Thrift-Viveros, Deylin) (Filed on 11/9/2021) (Entered: 11/09/2021)

STIPULATION WITH PROPOSED ORDER filed by Flavio Guzman Magana, Josue Jimenez Magana, Iliana Perez. (Thrift-Viveros, Deylin) (Filed on 11/9/2021) (Entered: 11/09/2021)

Order by Judge Susan Illston granting 64 Stipulation.Plaintiff's Replies in Support of Motion for Partial Reconsideration due by 11/19/2021.(ec, COURT STAFF) (Filed on 11/10/2021) (Entered: 11/10/2021)

REPLY (re 57 MOTION to Strike 43 Amended Complaint (Strike Class Allegations) ) filed byDiscover Bank. (Rao, Arjun) (Filed on 11/18/2021) (Entered: 11/18/2021)

REPLY (re 55 MOTION for Leave to File Motion for Partial Consideration ) filed byFlavio Guzman Magana, Josue Jimenez Magana, Iliana Perez. (Miazad, Ossai) (Filed on 11/19/2021) (Entered: 11/19/2021)

Minute Entry for proceedings held before Judge Susan Illston: Motion Hearing held via Zoom webinar on 12/3/2021 re 55 MOTION for Leave to File and 57 MOTION to Strike 43 Amended Complaint. Motion due by 12/17/2021. Oppositions due by 1/7/2022. Replies due by 1/14/2022. Motion Hearing set for 1/28/2022 at 10:00 AM - Videoconference Only before Judge Susan Illston. This proceeding will be held via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than 1/19/22 at 2 pm Pacific.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Motions due by 12/17/2021. Responses due by 1/7/2022. Replies due by 1/14/2022. Motion Heari ng set for 1/28/2022 10:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston.Total Time in Court: 20 minutes. Court Reporter: Ana Dub. Plaintiff Attorney: Deylin Thrift-Viveros, Ossai Miazad, Mikael Rojas. Defendant Attorney: Arjun Rao. (ec, COURT STAFF) (Date Filed: 12/3/2021) (Entered: 12/03/2021)

ORDER RE PENDING MOTIONS granting 55 Motion for Leave to File; denying 57 Motion to Strike 55 MOTION for Leave to File Motion for Partial Consideration, 57 MOTION to Strike 43 Amended Complaint (Strike Class Allegations). (Illston, Susan) (Filed on 12/7/2021) (Entered: 12/07/2021)

TRANSCRIPT ORDER for proceedings held on 12/03/2021 before Judge Susan Illston by Flavio Guzman Magana, Josue Jimenez Magana, Iliana Perez, for Court Reporter Ana Dub. (Miazad, Ossai) (Filed on 12/14/2021) (Entered: 12/14/2021)

TRANSCRIPT ORDER for proceedings held on 12-03-2021 before Judge Susan Illston by Discover Bank, for Court Reporter Ana Dub. (Fesharaki, Ali) (Filed on 12/14/2021) (Entered: 12/14/2021)

MOTION for Reconsideration re 51 Order on Motion to Compel Motion for Partial Reconsideration filed by Iliana Perez. (Attachments: # 1 Exhibit A)(Miazad, Ossai) (Filed on 12/17/2021) (Entered: 12/17/2021)

Transcript of Remote Zoom Video Conference Proceedings held on 12/3/2021 before Judge Susan Illston. Court Reporter Ana Dub, RDR, RMR, CRR, CSR No. 7445, telephone number 415-290-1651/ana_dub@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 70 Transcript Order ) Release of Transcript Restriction set for 3/21/2022. (Related documents(s) 70 ) (amd, COURT STAFF) (Filed on 12/21/2021) (Entered: 12/21/2021)

CLERK'S NOTICE ADVANCING HEARING: Motion for Leave 55 Hearing ADVANCED TO 1/27/2022 at 10:00 AM - Videoconference Only before Judge Susan Illston. This proceeding will be held via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at sicrd@cand.uscourts.gov no later than 1/20/22 at 2 pm Pacific.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 1/27/2022 10:00 AM in San Francisco, - Videoconference Only before Judge Susan Illston. (ec, COURT STAFF) (Filed on 12/28/2021) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 12/28/2021)

~Util - Teleconference Zoom AND Clerk's Notice

OPPOSITION/RESPONSE (re 72 MOTION for Reconsideration re 51 Order on Motion to Compel Motion for Partial Reconsideration ) (Opposition To Motion For Partial Reconsideration) filed byDiscover Bank. (Rao, Arjun) (Filed on 1/7/2022) (Entered: 01/07/2022)

REPLY (re 72 MOTION for Reconsideration re 51 Order on Motion to Compel Motion for Partial Reconsideration ) filed byIliana Perez. (Miazad, Ossai) (Filed on 1/14/2022) (Entered: 01/14/2022)

CLERK'S NOTICE VACATING HEARING. The MOTION FOR LEAVE TO FILEMOTION FOR PARTIAL RECONSIDERATION 55 which has been noticed for Thursday 1/27/2022 will be decided on papers submitted without oral argument. Accordingly, the hearing is hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ec, COURT STAFF) (Filed on 1/20/2022) (Entered: 01/20/2022)

Clerk's Notice

ORDER GRANTING MOTION FOR PARTIAL RECONSIDERATION granting 72 Motion for Reconsideration re 72 MOTION for Reconsideration re 51 Order on Motion to Compel Motion for Partial Reconsideration filed by Iliana Perez. (Illston, Susan) (Filed on 2/4/2022) (Entered: 02/04/2022)

STIPULATION WITH PROPOSED ORDER Stipulated Protective Order filed by Flavio Guzman Magana, Josue Jimenez Magana, Iliana Perez. (Miazad, Ossai) (Filed on 2/14/2022) (Entered: 02/14/2022)

STIPULATION WITH PROPOSED ORDER Concerning Production of Electronically Stored Information filed by Flavio Guzman Magana, Josue Jimenez Magana, Iliana Perez. (Miazad, Ossai) (Filed on 2/14/2022) (Entered: 02/14/2022)

Order by Judge Susan Illston granting 80 Stipulation Concerning Production of ESI.(ec, COURT STAFF) (Filed on 2/15/2022) (Entered: 02/15/2022)

Order by Judge Susan Illston granting 79 Stipulated Protective Order.(ec, COURT STAFF) (Filed on 2/15/2022) (Entered: 02/15/2022)

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Discover Bank. Appeal of Order on Motion for Reconsideration, 78 (Appeal fee of $505 receipt number ACANDC-16957564 paid.) (Rao, Arjun) (Filed on 3/3/2022) (Entered: 03/03/2022)

USCA Case Number 22-15322 for 83 Notice of Appeal to the Ninth Circuit filed by Discover Bank. (kmg, COURT STAFF) (Filed on 3/4/2022) (Entered: 03/04/2022)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17120011.) filed by Flavio Guzman Magana, Josue Jimenez Magana, Iliana Perez. (Pattiz, Rebecca) (Filed on 4/26/2022) (Entered: 04/26/2022)

Order by Judge Susan Illston granting 85 Motion for Pro Hac Vice of Rebecca Pattiz.(ec, COURT STAFF) (Filed on 4/26/2022) (Entered: 04/26/2022)