Opinion
2:21-cv-01254-ART-EJY, 2:21-cv-02149-APG-BNW 2:22-cv-00374-ART-EJY
10-31-2022
TIFFANY YIP, et al., Plaintiffs, v. BANK OF AMERICA, N.A., Defendant. A.M. HAMILTON, an individual, on behalf of himself and all others similarly situated, Plaintiff, v. BANK OF AMERICA, N.A., Defendant
Kelly H. Dove Nevada Bar No. 10569 SNELL & WILMER L.L.P. Attorney for Defendant Bank of America, N.A. Michael Kind (No. 13903), KIND LAW George Haines (No. 9411) Gerardo Avalos (No. 15171) FREEDOM LAW FIRM Joshua Swigart (pro hac vice) SWIGART LAW GROUP, APC Attorneys for Plaintiff Tiffany Yip, et al. George O. West III (No. 7951) LAW OFFICES OF GEORGE O. WEST III E. ADAM WEBB (pro hac vice) WEBB, KLASE & LEMOND LLC Attorneys for Plaintiff A.M. Hamilton Kelly H. Dove (No. 10569) SNELL & WILMER LLP James McGarry (pro hac vice) GOODWIN PROCTER LLP Yvonne Chan (pro hac vice) JONES DAY Attorneys for Defendant Bank of America, N.A.
Kelly H. Dove Nevada Bar No. 10569 SNELL & WILMER L.L.P. Attorney for Defendant Bank of America, N.A.
Michael Kind (No. 13903), KIND LAW George Haines (No. 9411) Gerardo Avalos (No. 15171) FREEDOM LAW FIRM Joshua Swigart (pro hac vice) SWIGART LAW GROUP, APC Attorneys for Plaintiff Tiffany Yip, et al.
George O. West III (No. 7951) LAW OFFICES OF GEORGE O. WEST III E. ADAM WEBB (pro hac vice) WEBB, KLASE & LEMOND LLC Attorneys for Plaintiff A.M. Hamilton
Kelly H. Dove (No. 10569) SNELL & WILMER LLP James McGarry (pro hac vice) GOODWIN PROCTER LLP Yvonne Chan (pro hac vice) JONES DAY Attorneys for Defendant Bank of America, N.A.
STIPULATION AND ORDER TO ALLOW AMENDED COMPLAINT AND EXTEND TIME TO RESPOND TO THE COMPLAINTS (FIRST REQUEST)
Plaintiffs Tiffany Yip, et al. and A.M. Hamilton (“Plaintiffs”) and Bank of America, N.A. (“Defendant,” and together with Plaintiffs, the “Parties”), by and through their respective counsel, hereby submit this stipulation to allow Plaintiff Hamilton to file an Amended Complaint and for an extension of time for Defendant's forthcoming motions to dismiss in the consolidated cases Yip v. Bank of America, No. 2:21-cv-01254, and Hamilton v. Bank of America, No. 2:22-cv-00374. This is the first request for an extension of these response deadlines, which were set forth in the court's October 18, 2022 Order Consolidating Cases for Pretrial Purposes. See Yip, ECF No. 40; Hamilton, ECF No. 17.
On April 11, 2022, Defendant moved to consolidate Yip and Hamilton. Yip, ECF No. 32; Hamilton, ECF No. 10. While the motion to consolidate was pending, the Parties stipulated, and the Court Ordered, that Defendant's anticipated motion(s) to dismiss would be due 30 days after the Court's ruling on the motion to consolidate; Plaintiffs' opposition(s) would be due 30 days after the deadline for Defendant's motion(s); and Defendant's reply(ies) would be due 21 days after the deadline for Plaintiff's opposition. Yip, ECF No. 33 at 2; Hamilton, ECF No. 12 at 2. On October 18, 2022, the Court granted Defendant's Motion to Consolidate and ordered the cases “partially consolidated for pretrial purposes,” but specified that separate motions to dismiss must be filed. Yip, ECF No. 40 at 6 & n.1; Hamilton, ECF No. 17 at 6 & n.1. As a result, Defendant must respond to the Yip First Amended Complaint and the Hamilton Complaint on or before November 17, 2022. Yip, ECF. No. 40; Hamilton, ECF No. 17. Following the issuance of the Court's consolidation order, counsel for the Hamilton plaintiff informed Defendant's counsel that an amended complaint will be filed in that case by October 28, 2022.
In order to ensure counsel for Defendant has sufficient time to review and respond to the forthcoming amended complaint in Hamilton, and in light of the upcoming holidays, the Parties have agreed to the following schedule:
Plaintiff Hamilton, pursuant to Rule 15(a)(2), will file an amended complaint by October 28, 2022;
Defendant's anticipated motions to dismiss for both Hamilton and Yip shall be due on December 8, 2022;
Plaintiffs' oppositions to Defendant's motions to dismiss shall be due on January 26, 2023;
Defendant's replies in support of their motions to dismiss shall be due 28 days after the deadline for Plaintiffs' oppositions, but in any event no earlier than January 30, 2023.
IT IS SO STIPULATED.
ORDER
IT IS SO ORDERED.