Opinion
Case No.: CV 09-00261 SBA
10-03-2011
NICOLE VILLEGAS, as an individual and on behalf of all others similarly situated, Plaintiff, v. J.P. MORGAN CHASE & CO., a Delaware corporation; JPMORGAN CHASE BANK, N.A., a national association; CHASE BANK USA, N.A., a national association; and DOES 1 through 50, inclusive, Defendants.
PETER M. HART, Esq. (State Bar No. 198691) LAW OFFICES OF PETER M. HART KENNETH H. YOON (State Bar No. 198443) LAW OFFICES OF KENNETH H. YOON LARRY W. LEE (State Bar. No. 228175) DIVERSITY LAW GROUP, A Professional Corporation ERIC S. HONIG, Esq. (State Bar No. 140765) LAW OFFICES OF ERIC HONIG Attorneys for Plaintiff Nicole Villegas Carrie A. Gonell Attorneys for Defendants JPMorgan Chase & Co., JPMorgan Chase Bank, N.A., and Chase Bank USA, N.A.
PETER M. HART, Esq. (State Bar No. 198691)
LAW OFFICES OF PETER M. HART
KENNETH H. YOON (State Bar No. 198443)
LAW OFFICES OF KENNETH H. YOON
LARRY W. LEE (State Bar. No. 228175)
DIVERSITY LAW GROUP, A Professional Corporation
ERIC S. HONIG, Esq. (State Bar No. 140765)
LAW OFFICES OF ERIC HONIG
Attorneys for Plaintiff Nicole Villegas
STIPULATION AND ORDER TO EXTEND BRIEFING SCHEULE RE MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT
Pursuant to Civil Local Rules 7-12 and 16-2, it is hereby stipulated, by and between NICOLE VILLEGAS ("Plaintiff") and JPMorgan Chase Bank, N.A., JPMorgan Chase & Co., Chase Bank USA, N.A. (collectively, "Defendants") (collectively the "Parties"), through their respective undersigned counsel, as follows:
Defendants reserve all defenses with respect to Plaintiff's improper naming of "J.P. Morgan Chase & Co." and "Chase Bank, USA, N.A." as Defendants in this action.
WHEREAS, on June 3, 2011, Plaintiff filed a Joint Notice of Settlement and Stipulation to Set Status Conference and to Vacate Dates with Proposed Order;
WHEREAS, the Parties executed a memorandum of understanding containing settlement terms for Plaintiff's individual and class action claims;
WHEREAS, on July 5, 2011, the Parties filed a Joint Case Management Statement, and requested a hearing date on the Motion for Preliminary Approval of Class Action Settlement ("Motion") on November 8, 2011, at 1:00 p.m.;
WHEREAS, on July 15, 2011, the Court set a hearing on the parties' motion for preliminary approval of settlement for November 15, 2011, at 1:00 p.m.
WHEREAS, on September 1, 2011, the Court ordered that any opening brief of no more than fifteen (15) pages and/or any other relevant documents shall be filed by no later than September 27, 2011; any opposing or responsive briefs of no more than fifteen (15) pages and/or other relevant documents shall be filed by no later than October 11, 2011; and any reply brief of no more than ten (10) pages and/or other relevant documents filed by no later than October 25, 2011.
WHEREAS, Plaintiff received additional data the week ending September 23, 2011, and is thus still in the process of reviewing this data;
WHEREAS, the Parties require additional time to finalize the long-form class action Settlement Agreement;
WHEREAS, as a result of the above, Plaintiff does not anticipate that she will be able to file the Opening Brief until October 18, 2011.
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant, through their respective undersigned counsel, that the Opening Brief for Preliminary Approval of Class Action Settlement will be filed on or before October 18, 2011, any responses will be filed by October 25, 2011, and any replies by November 1, 2011.
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant, through their respective undersigned counsel, that the hearing date on the Motion for Preliminary Approval of Class Action Settlement shall remain as scheduled for November 15, 2011.
IT IS SO STIPULATED.
MORGAN, LEWIS & BOCKIUS LLP
Carrie A. Gonell
Attorneys for Defendants JPMorgan Chase & Co.,
JPMorgan Chase Bank, N.A., and Chase Bank
USA, N.A.
LAW OFFICES OF PETER M. HART
Peter M. Hart
Attorney for Plaintiff NICOLE VILLEGAS
ORDER
The Parties having so stipulated, and GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that:
1. The Opening Brief for Preliminary Approval of Class Action Settlement will be filed on or before October 18, 2011, any responses will be filed by October 25, 2011, and any replies by November 1, 2011.PURSUANT TO STIPULATION, IT IS SO ORDERED.
2. The hearing on the Motion for Preliminary Approval of Class Action Settlement shall remain as scheduled for November 15, 2011 at 1:00 p.m.
The Honorable Saundra Brown Armstrong
Judge of the United States District Court