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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1 2 3 4 5 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 6 7 Attorneys for Defendant CHASE BANK USA, N.A., erroneously sued as JPMORGAN CHASE BANK, N.A. 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 CYNTHIA BILETNIKOFF, an individual 11 12 13 14 15 16 ) ) Plaintiff, ) ) vs. ) ) JPMORGAN CHASE BANK, N.A., and DOES ) 1 through 50, inclusive, ) ) Defendant. ) ) 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 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION OF DEFENDANT TO DISMISS COMPLAINT LA 51635488 1 WHEREAS, on March 1, 2013, defendant Chase Bank USA, N.A., erroneously sued as 2 JPMorgan Chase Bank, N.A. (“Chase”), filed a Motion to Dismiss Plaintiff’s Complaint or, in the 3 Alternative, to Strike Allegations in the Complaint (“Motion”); 4 WHEREAS, the Motion currently is set for hearing on April 17, 2013; 5 WHEREAS, counsel for plaintiff Cynthia Biletnikoff (“Plaintiff”) has requested a two (2) 6 7 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 9 STROOCK & STROOCK & LAVAN LLP 8 be by Local Rule 230. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION OF DEFENDANT TO DISMISS COMPLAINT LA 51635488 1 IT IS HEREBY STIPULATED by and between Plaintiff and Chase, through their 2 respective counsel of record, that the hearing on the Motion, as well as the briefing schedule, shall 3 be continued to May 1, 2013 and the corresponding opposition and reply deadlines shall 4 accordingly be extended pursuant to Local Rule 230 based on the continued Motion hearing date. 5 6 Dated: March 27, 2013 7 8 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 9 By: 10 11 Attorneys for Defendant CHASE BANK USA, N.A., erroneously sued as JPMORGAN CHASE BANK, N.A. 12 13 /s/ Arjun P. Rao Arjun P. Rao Dated: March 27, 2013 14 RONALD WILCOX, ATTORNEY AT LAW And CROWLEY LAW GROUP 15 By: 16 17 /s/ Ronald Wilcox (as approved on March 26, 2013) Ronald Wilcox Attorneys for Plaintiff CYNTHIA BILETNIKOFF 18 19 20 ORDER 21 22 23 24 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; 25 26 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 27 28 -2STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION OF DEFENDANT TO DISMISS COMPLAINT LA 51635488 1 3. ORDERS defendant, no later than April 24, 2013, to file and serve optional reply papers, as necessary. 2 3 4 5 6 IT IS SO ORDERED. March 27, 2013 Dated: /s/ Lawrence J. O’Neill UNITED STATES DISTRICT JUDGE 7 DEAC_Signature-END: 8 66h44d 2029 Century Park East Los Angeles, California 90067-3086 STROOCK & STROOCK & LAVAN LLP 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION OF DEFENDANT TO DISMISS COMPLAINT LA 51635488

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