Biletnikoff v. JPMorgan Chase Bank, N.A.

Filing 13

STIPULATION and ORDER VACATING Motion hearing set for 4/17/2013 and re-sets deadlines as set forth in the order, signed by District Judge Lawrence J. O'Neill on 3/27/2013. (Kusamura, W)

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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: [phone]
Facsimile: 310-556-5959
Email: [e-mail]

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Attorneys for Defendant
CHASE BANK USA, N.A., erroneously sued
as JPMORGAN CHASE BANK, N.A.

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CYNTHIA BILETNIKOFF, an individual
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Plaintiff,
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vs.
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JPMORGAN CHASE BANK, N.A., and DOES )
1 through 50, inclusive,
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Defendant.
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Case No. 1:13-cv-00208-LJO-SKO
STIPULATION AND ORDER
CONTINUING HEARING ON MOTION
OF DEFENDANT TO DISMISS
COMPLAINT
[EASTERN DISTRICT LOCAL RULE 230]

REVISED COURT ORDER
Action Removed: February 8, 2013

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION OF DEFENDANT TO
DISMISS COMPLAINT
LA 51635488

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WHEREAS, on March 1, 2013, defendant Chase Bank USA, N.A., erroneously sued as

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JPMorgan Chase Bank, N.A. (“Chase”), filed a Motion to Dismiss Plaintiff’s Complaint or, in the

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Alternative, to Strike Allegations in the Complaint (“Motion”);

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WHEREAS, the Motion currently is set for hearing on April 17, 2013;

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WHEREAS, counsel for plaintiff Cynthia Biletnikoff (“Plaintiff”) has requested a two (2)

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week continuance of the hearing date to accommodate counsel’s calendar; and
WHEREAS, Plaintiff and Chase, through their respective counsel of record, have agreed to

2029 Century Park East
Los Angeles, California 90067-3086

continue the hearing on the Motion to May 1, 2013 and the corresponding briefing schedule shall

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STROOCK & STROOCK & LAVAN LLP

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be by Local Rule 230.

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-1STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION OF DEFENDANT TO
DISMISS COMPLAINT
LA 51635488

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IT IS HEREBY STIPULATED by and between Plaintiff and Chase, through their
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respective counsel of record, that the hearing on the Motion, as well as the briefing schedule, shall
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be continued to May 1, 2013 and the corresponding opposition and reply deadlines shall
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accordingly be extended pursuant to Local Rule 230 based on the continued Motion hearing date.
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Dated: March 27, 2013

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STROOCK & STROOCK & LAVAN LLP
STEPHEN J. NEWMAN
BRIAN C. FRONTINO
ARJUN P. RAO

2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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By:

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Attorneys for Defendant
CHASE BANK USA, N.A., erroneously sued
as JPMORGAN CHASE BANK, N.A.

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/s/ Arjun P. Rao
Arjun P. Rao

Dated: March 27, 2013

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RONALD WILCOX, ATTORNEY AT LAW
And CROWLEY LAW GROUP

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By:

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/s/ Ronald Wilcox
(as approved on March 26, 2013)
Ronald Wilcox

Attorneys for Plaintiff
CYNTHIA BILETNIKOFF

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ORDER

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This Court’s practice is to consider motions without a hearing. As such and based on the
parties’ stipulation, this Court:
1. VACATES the April 17, 2013 hearing on defendant’s motion to dismiss;

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2. ORDERS plaintiff, no later than April 17, 2013, to file and serve papers either: (a) to
oppose the motion to dismiss; or (b) to dismiss this action; and

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-2STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION OF DEFENDANT TO
DISMISS COMPLAINT
LA 51635488

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3. ORDERS defendant, no later than April 24, 2013, to file and serve optional reply
papers, as necessary.

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IT IS SO ORDERED.

March 27, 2013

Dated:

/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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66h44d

2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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-3STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION OF DEFENDANT TO
DISMISS COMPLAINT
LA 51635488