Opinion
Case No.: 11-cv-03058-JCS
10-19-2011
PATRICIA MCNEARY-CALLOWAY, individually and on behalf of all others similarly situated, Plaintiff, v. JPMORGAN CHASE BANK, N.A. and CHASE BANK USA, N.A., Defendants.
Edward W. Ciolko (pro hac vice) Terry S. Ziegler (pro hac vice) Donna Siegel Moffa (pro hac vice) Michelle A. Coccagna (pro hac vice) KESSLER TOPAZ MELTZER & CHECK LLP -and- Ramzi Abadou (SBN 222567) Jeffrey J. Angelovich (pro hac vice) Michael B. Angelovich (pro hac vice) Brad E. Seidel (pro hac vice) NIX PATTERSON & ROACH LLP Attorneys for Plaintiff and the Proposed Class BINGHAM McCCUTCHEN LLP Peter Obstler (SBN 171623) Zachary J. Alinder (SBN 209009) Elizabeth Benson (SBN 268851) Attorneys for Defendants
KESSLER TOPAZ
MELTZER & CHECK, LLP
Ramzi Abadou (SBN 222567)
- and
Edward W. Ciolko (pro hac vice)
Terence S. Ziegler (pro hac vice)
Donna Siegel Moffa (pro hac vice)
Michelle A. Coccagna (pro hac vice)
Counsel for Plaintiff and the Proposed Class [Additional counsel listed on signature page]
BINGHAM MCCUTCHEN LLP
Peter Obstler (SBN 171623)
Zachary J. Alinder (SBN 209009)
Elizabeth Benson (SBN 268851)
Counsel for Defendants
STIPULATION AND [PROPOSED]
ORDER REGARDING FILING OF
AMENDED COMPLAINT
PURSUANT TO FED. R. CIV. P.
15(a)(1)(B)
Action Filed: June 20, 2011
Judge: Hon. Joseph C. Spero
Patricia McNeary-Calloway ("Plaintiff") and Defendants JPMorgan Chase Bank N.A. and Chase Bank USA N.A. (collectively, "Defendants") (together, the "Parties") respectfully submit the following Joint Stipulation pursuant to Fed. R. Civ. P. 15(a)(1)(B) regarding the filing of Plaintiff's First Amended Complaint (the "FAC"), attached hereto as Exhibit A.
WHEREAS Plaintiff filed a Class Action Complaint (the "Complaint") against Defendants on June 20, 2011 (ECF No. 1);
WHEREAS on August 19, 2011, Defendants filed a Motion to Dismiss the Complaint (the "Motion to Dismiss") (ECF No. 23);
WHEREAS pursuant to the Court's Order regarding the Joint Stipulation to Extend the Time for Plaintiff to Respond to the Motion to Dismiss, filed September 28, 2011 (ECF No. 35), Plaintiff's response to the Motion to Dismiss was initially due October 10, 2011 (ECF No. 36);
WHEREAS as noted in the Joint Stipulation to Extend the Time for Plaintiff to Respond to the Motion to Dismiss, Plaintiff was preparing to file an Amended Complaint to this action to add additional parties and/or additional claims;
WHEREAS on October 7, 2011 the Parties filed a Joint Stipulation reiterating Plaintiff's intention to file an Amended Complaint and requesting seven additional days for Plaintiff to finalize the proposed Amended Complaint in light of discussions amongst co-counsel, discussions with proposed plaintiff and due to the upcoming Jewish holidays (ECF No. 37);
WHEREAS on October 12, 2011 the Court Ordered that Plaintiff respond to the Motion to Dismiss on or before October 17, 2011 in order to provide Plaintiff additional time to complete and finalize the proposed Amended Complaint (ECF No. 38);
WHEREAS all Parties have stipulated and agreed to the filing of the FAC, and agreed to the response, briefing and hearing schedules proposed below.
IT IS HEREBY STIPULATED AS FOLLOWS:
1. Plaintiffs shall file their First Amended Complaint on or before October 17, 2011;
2. Defendants' Motion to Dismiss the original Complaint shall be vacated as moot; and,
3. Defendants shall have until November 21, 2011 to respond to Plaintiff's First Amended Complaint. If Defendants' response is a motion to dismiss or other pleading motion rather than an answer, Plaintiff's opposition shall then be due on or before December 30, 2011, and Defendants' reply would be due on or before January 25, 2011. The hearing shall then be set for February 17, 2012 at 9:30 a.m., or as soon thereafter as the Court's schedule permits. The Parties further agree and respectfully request that the Court set the initial case management conference for the same date as the hearing on Defendants' renewed motion to dismiss, consistent with the Court's prior case management schedule (see Docket No. 34), and with the joint case management statement due one week before the case management conference. All other dates shall run in accordance with the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the Northern District of California.
IT IS SO STIPULATED.
Respectfully submitted,
Edward W. Ciolko (pro hac vice)
Terry S. Ziegler (pro hac vice)
Donna Siegel Moffa (pro hac vice)
Michelle A. Coccagna (pro hac vice)
KESSLER TOPAZ
MELTZER & CHECK LLP
-and
Ramzi Abadou (SBN 222567)
Jeffrey J. Angelovich (pro hac vice)
Michael B. Angelovich (pro hac vice)
Brad E. Seidel (pro hac vice)
NIX PATTERSON & ROACH LLP
Attorneys for Plaintiff and the Proposed Class
BINGHAM McCCUTCHEN LLP
Peter Obstler (SBN 171623)
Zachary J. Alinder (SBN 209009)
Elizabeth Benson (SBN 268851)
Attorneys for Defendants
PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS SO ORDERED.
Judge Joseph C. Spero
FILER'S ATTESTATION
Pursuant to General Order No. 45, § X(B), I attest under penalty of perjury that concurrence in the filing of the document has been obtained from all of the signatories.
KESSLER TOPAZ
MELTZER & CHECK, LLP
Edward W. Ciolko
CERTIFICATE OF SERVICE
I hereby certify that on October 17, 2011, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses of all counsel of record.
Edward W. Ciolko