Castorina v. Bank of America, N.A. et al

Filing 13

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/17/21 ORDERING that BANA shall answer or respond to the Complaint on or before 1/12/22; and should BANA move to dismiss the Complaint, Plaintiff's response brief will be due on or before 2/23/22, and BANA's reply brief will be due on or before 3/16/22. Hearing on said motion (if filed) shall be set for 3/21/22 at 1:30 p.m. The Scheduling Conference is CONTINUED to 5/9/2022 at 12:30 PM. in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A joint status report shall be filed no later than 4/25/22. (Kastilahn, A)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

DANIELLE OAKLEY MORRIS (S.B. #246295)
[e-mail]
O’MELVENY & MYERS LLP
610 Newport Center Drive, 17th Floor
Newport Beach, California 92660
Telephone:
[phone]
Facsimile:
[phone]
WILLIAM K. PAO (S.B. #252637)
[e-mail]
BRITTANY ROGERS (S.B. #274432)
[e-mail]
O’MELVENY & MYERS LLP
400 South Hope Street, 18th Floor
Los Angeles, California 90071-2899
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
Bank of America, N.A.
DENNIS J. STEWART (S.B. #99152)
[e-mail]
GUSTAFSON GLUEK, PLLC
600 B Street, Suite 1700
San Diego, CA 92024
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff John Castorina

16
17

UNITED STATES DISTRICT COURT

18

EASTERN DISTRICT OF CALIFORNIA

19
20

JOHN CASTORINA, individually and on
behalf of all others similarly situated,

21
22
23
24
25

Plaintiff,
v.
BANK OF AMERICA, N.A. and INTEGON
NATIONAL INSURANCE COMPANY,

Case No. 2:21-CV-02004-WBS-KJN
STIPULATION TO EXTEND TIME FOR
DEFENDANT BANK OF AMERICA, N.A.
TO RESPOND TO COMPLAINT AND
SET BRIEFING SCHEDULE FOR
MOTION TO DISMISS
Judge: Hon. William B. Shubb

Defendants.

26
27
28
STIPULATION TO EXTEND TIME FOR DEFENDANT BANK OF AMERICA, N.A. TO RESPOND TO
COMPLAINT AND SET BRIEFING SCHEDULE FOR MOTION TO DISMISS
CASE NO. 2:21-CV-02004-WBS-KJN

2

STIPULATION TO EXTEND TIME FOR DEFENDANT BANK OF AMERICA, N.A.
TO RESPOND TO COMPLAINT AND SET BRIEFING SCHEDULE
FOR MOTION TO DISMISS

3

Plaintiff John Castorina (“Plaintiff”) and Defendant Bank of America, N.A. (“BANA”)

1

4

(together, the “Parties”), through their undersigned counsel, hereby submit this Stipulation to

5

Extend Time for Defendant Bank of America, N.A. to Respond to Complaint and Set Briefing

6

Schedule for Motion to Dismiss as follows:

7

1.

Plaintiff filed the Complaint in this matter on October 29, 2021.

8

2.

Plaintiff served the Complaint on Defendant on November 3, 2021.

9

3.

Pursuant to Rule 12(a) of the Federal Rules of Civil Procedure, BANA must

10

answer or otherwise respond to the Complaint by November 24, 2021.

11

4.

BANA recently engaged counsel for this matter.

12

5.

Given the need for BANA and its counsel to investigate Plaintiff’s allegations and

13

the upcoming holiday season, counsel for Parties conferred and agreed on the following briefing

14

schedule, subject to the Court’s approval:

15
16

a.

BANA’s response to Plaintiff’s Complaint will be submitted on or before

January 12, 2022.

17

b.

Should BANA move to dismiss the Complaint, Plaintiff’s response brief

18

will be due on or before February 23, 2022, and BANA’s reply brief will be due on or before

19

March 16, 2022.

20

6.

21

Accordingly, it is hereby agreed to and stipulated by the Parties, and respectfully

22

There have been no extensions of time in this case.

requested that the Court enter the proposed order that:

23

BANA shall answer or otherwise respond to the Complaint on or before January 12, 2022;

24

and should BANA move to dismiss the Complaint, Plaintiff’s response brief will be due on or

25

before February 23, 2022, and BANA’s reply brief will be due on or before March 16, 2022.

26

///

27
28

-1STIPULATION TO EXTEND TIME FOR DEFENDANT BANK OF AMERICA, N.A. TO RESPOND TO
COMPLAINT AND SET BRIEFING SCHEDULE FOR MOTION TO DISMISS
CASE NO. 2:21-CV-02004-WBS-KJN

ORDER

1
2
3

IT IS SO ORDERED:

4

BANA shall answer or otherwise respond to the Complaint on or before January 12, 2022;

5

and should BANA move to dismiss the Complaint, Plaintiff’s response brief will be due on or

6

before February 23, 2022, and BANA’s reply brief will be due on or before March 16, 2022.

7

Hearing on said motion (if filed) shall be set for March 21, 2022 at 1:30 p.m. The Scheduling

8

Conference is continued May 9, 2022 at 12:30 p.m. A joint status report shall be filed no later

9

than April 25, 2022.

10
11

Dated: November 17, 2021

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2STIPULATION TO EXTEND TIME FOR DEFENDANT BANK OF AMERICA, N.A. TO RESPOND TO
COMPLAINT AND SET BRIEFING SCHEDULE FOR MOTION TO DISMISS
CASE NO. 2:21-CV-02004-WBS-KJN

1

Respectfully submitted,

2
3

Dated: November 16, 2021

4

/s/ William K. Pao
William K. Pao
WILLIAM K. PAO
[e-mail]
BRITTANY ROGERS
[e-mail]
O’MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, CA 90071
Telephone:
[phone]
Facsimile:
[phone]

5
6
7
8
9

DANIELLE OAKLEY MORRIS
[e-mail]
O’MELVENY & MYERS LLP
610 Newport Center Drive, 17th Floor
Newport Beach, California 92660
Telephone:
[phone]
Facsimile:
[phone]

10
11
12
13

Attorneys for Defendant
Bank of America, N.A.

14
15
16
17
18
19
20
21
22

Dated: November 16, 2021

/s/ Daniel J. Stewart (as authorized on 11/16/2021)
Daniel J. Stewart
DANIEL J. STEWART
[e-mail]
GUSTAFSON GLUEK, PLLC
600 B Street, Suite 1700
San Diego, CA 92024
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff
John Castorina

23
24
25
26
27
28

-3STIPULATION TO EXTEND TIME FOR DEFENDANT BANK OF AMERICA, N.A. TO RESPOND TO
COMPLAINT AND SET BRIEFING SCHEDULE FOR MOTION TO DISMISS
CASE NO. 2:21-CV-02004-WBS-KJN

1
2

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically

3

filed on November 16, 2021, with the Clerk of the Court using CM/ECF which caused a copy to

4

be served on all counsel of record.

5

Dated: November 16, 2021

6
7

By:

8

/s/ William K. Pao
William K. Pao

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-4STIPULATION TO EXTEND TIME FOR DEFENDANT BANK OF AMERICA, N.A. TO RESPOND TO
COMPLAINT AND SET BRIEFING SCHEDULE FOR MOTION TO DISMISS
CASE NO. 2:21-CV-02004-WBS-KJN