Benedict v. Citibank, N.A. et al

Filing 19

STIPULATION AND ORDER continuing the hearing on the Motion to Compel to 06/22/09 at 10:00 AM and the Initial Case Management Conference to 07/27/09 at 1:30 PM. Signed by Judge Thelton E. Henderson on 04/10/09. (rbe, COURT STAFF) (Filed on 4/13/2009)

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PINNACLE LAW GROUP LLP 425 CALI FORNI A ST REET SUITE 1800 SAN FRANCIS CO, C A 94104 [phone]

Andrew A. August (SBN 112851) [e-mail] Kevin F. Rooney (SBN 184096) [e-mail] PINNACLE LAW GROUP, LLP 425 California Street, Suite 1800 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff James A. Benedict UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JAMES A. BENEDICT, individually and on CASE NO. 08-04230 WHA behalf of all others similarly situated, Plaintiff, vs. CITIBANK, N.A., a national banking association organized under the laws of the United States of America, THE STUDENT LOAN CORPORATION, a Delaware Corporation, Defendants. STIPULATION TO CONTINUE HEARING DATE ON DEFENDANTS' MOTION TO COMPEL ARBITRATION AND CONTINUE CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER [DECLARATION OF ANDREW A. AUGUST FILED CONCURRENTLY HEREWITH] [Local Rule 6-1(a)]

WHEREAS, on January 28, 2009, this Honorable Court granted the parties' stipulated request to set the hearing date on the Motion to Compel Arbitration filed by defendants Citibank, N.A. and The Student Loan Corporation ("Defendants") for April 27, 2009 and continued the Case Management Conference to May 4, 2009; WHEREAS, the parties have agreed upon the principal terms of a settlement of this action;
5033.001/00067298

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STIPULATION TO CONTINEU HEARING DATE AND CONTINUE CMC Benedict v. Citibank et al. Case No. 08-04230 TEH

WHEREAS, plaintiff contemplates filing a Request for Dismissal and a Motion for 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 By: avi W. Moon, Attorney for Defendants DATED: April J2009 STROOCK & STROOCK & LA VAN LLP By: ndrew A. August, Attorneys for Plaintiff DATED: April to, 2009 PINNACLE LAW GROUP LLP Attorneys' Fees; WHEREAS, the parties have agreed, to facilitate settlement and dismissal of this action, to continue the hearing on Defendants' Motion to Compel Arbitration; IT IS HEREBY STIPULATED by and between the parties hereto, through their respective counsel of record, pursuant to Local Rule 6-1(a), that the hearing date for Defendants' Motion to Compel Arbitration shall be continued until June 22, 2009. Plaintiff's opposition shall be due no later than June 1, 2009 and Defendants' reply due no later than June 8, 2009. Further, the PARTIES STIPULATE that the Initial Case Management Conference shall be continued from May 4, 2009 at 1:30 p.m. to July 27, 2009 at 1:30 p.m.

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. P11,41 1.1, Law agnorp 42$ CALIFORN,..67 SUITE Isno NAN oevoico, CA 94104

Based on the foregoing stipulation of counsel and good cause appearing therefore, IT IS HEREBY ORDERED as follows: (1) The hearing date for Defendants' Motion to Compel Arbitration shall be set for June 22, 2009. Plaintiff's opposition shall be due no later than June 1, 2009 and Defendants' reply due no later than June 8, 2009; and
5033.001/00067298

STIPULATION TO CONT1NEU HEARING DATE AND CONTINUE CMC
Benedict v. Citibank et al. Case No. 08-04230 TEH

((15) 394.3.0

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(2)

The Initial Case Management Conference is continued from May 4, 2009 to July 27, 2009 at 1:30 p.m

PURSUANT TO STIPULATION OF COUNSEL, IT IS SO ORDERED.

10 Dated: April __, 2009

S

S DISTRICT TE C TA

UNIT ED

Hon. Thelton E. Henderson United States District Court

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PINNACLE LAW GROUP LLP 425 CALI FORNI A ST REET SUITE 1800 SAN FRANCIS CO, C A 94104 [phone]

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STIPULATION TO CONTINEU HEARING DATE AND CONTINUE CMC Benedict v. Citibank et al. Case No. 08-04230 TEH

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