Opinion
Case No. 1:13-cv-00208-LJO-SKO
04-24-2013
CYNTHIA BILETNIKOFF, an individual Plaintiff, v. JPMORGAN CHASE BANK, N.A., and DOES 1 through 50, inclusive, Defendant.
STROOCK & STROOCK & LAVAN LLP STEPHEN J. NEWMAN BRIAN C. FRONTINO ARJUN P. RAO Arjun P. Rao Attorneys for Defendant CHASE BANK USA, N.A., erroneously sued as JPMORGAN CHASE BANK, N.A. RONALD WILCOX, ATTORNEY AT LAW And ANDRE VERDUN, CROWLEY LAW GROUP Ronald Wilcox Attorneys for Plaintiff CYNTHIA BILETNIKOFF
STROOCK & STROOCK & LAVAN LLP
STEPHEN J. NEWMAN (State Bar No. 181570)
BRIAN C. FRONTINO (State Bar No. 222032)
ARJUN P. RAO (State Bar No. 265347)
2029 Century Park East, Suite 1600
Los Angeles, CA 90067-3086
Telephone: 310-556-5800
Facsimile: 310-556-5959
Email: lacalendar@stroock.com
Attorneys for Defendant
CHASE BANK USA, N.A., erroneously sued
as JPMORGAN CHASE BANK, N.A.
STIPULATION AND ORDER FOR LEAVE
TO FILE FIRST AMENDED COMPLAINT
AND WITHDRAWING WITHOUT
PREJUDICE MOTION OF DEFENDANT
CHASE BANK USA, N.A. TO DISMISS
THE COMPLAINT
[EASTERN DISTRICT LOCAL RULE 143]
Action Removed: February 8, 2013
WHEREAS, on March 1, 2013, Chase, filed a Motion to Dismiss Plaintiff's Complaint or, in the Alternative, to Strike Allegations in the Complaint (the "Motion");
WHEREAS, on April 17, 2013 plaintiff Cynthia Biletnikoff ("Plaintiff") filed her Opposition to the Motion;
WHEREAS, Plaintiff and Chase, through their respective counsel of record, have discussed the Motion and, in an effort to conserve judicial resources, agreed that Plaintiff will file a First Amended Complaint;
WHEREAS, upon Plaintiff's filing a First Amended Complaint, the Motion will become moot; and
WHEREAS, Chase expressly does not concede that Plaintiff's First Amended Complaint, which Chase has not seen, resolves the issues raised in the Motion and, accordingly, Chase expressly reserves its right to challenge the First Amended Complaint.
IT IS HEREBY STIPULATED by and between Plaintiff and Chase, through their respective counsel of record, that Plaintiff will file a First Amended Complaint on or before May 3, 2013, and Chase's responsive pleading thereto will be filed on or before May 23, 2013.
STROOCK & STROOCK & LAVAN LLP
STEPHEN J. NEWMAN
BRIAN C. FRONTINO
ARJUN P. RAO
By: __________
Arjun P. Rao
Attorneys for Defendant
CHASE BANK USA, N.A., erroneously sued
as JPMORGAN CHASE BANK, N.A.
RONALD WILCOX, ATTORNEY AT LAW
And ANDRE VERDUN, CROWLEY LAW
GROUP
By: Ronald Wilcox
(as approved on April 24, 2013)
Ronald Wilcox
Attorneys for Plaintiff
CYNTHIA BILETNIKOFF
ORDER
Pursuant to the parties' stipulation, the Motion of defendant Chase Bank USA, N.A., erroneously sued as JPMorgan Chase Bank, N.A. to Dismiss Plaintiff's Complaint or, in the Alternative, to Strike Allegations in the Complaint is withdrawn without prejudice. As such, this Court
1. ORDERS plaintiff, no later than May 3, 2013, to file and serve her First Amended Complaint; andIT IS SO ORDERED.
2. ORDERS defendant, no later than May 23, 2013, to file a response thereto.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE