Moore et al v. Chase Bank USA, N.A.

Filing 18

ORDER RE: STIPULATION TO EXTEND TIME. Chase's time to respond to the Amended Complaint is extended as set forth in the parties' stipulation. The Case Management Conference is continued from May 8, 2009 to June 26, 2009. Signed by Judge Maxine M. Chesney on March 20, 2009. (mmclc1, COURT STAFF) (Filed on 3/20/2009)

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STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND (State Bar No. 083013) STEPHEN J. NEWMAN (State Bar No. 181570) DAVID W. MOON (State Bar No. 197711) A.R. KACHADOORIAN (State Bar No. 240601) 2029 Century Park East Los Angeles, California 90067-3086 Telephone: [phone] Facsimile: 310-556-5959 Attorneys for Defendant CHASE BANK USA, N.A. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MICHAEL E. MOORE and DIANE M. ROONEY, individually and on behalf of all others similarly situated, Plaintiffs, vs. CHASE BANK USA, N.A., Defendant.

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Case No. CV 09-0348-MMC [Assigned to the Hon. Maxine M. Chesney] STIPULATION AND [Proposed] ORDER TO EXTEND TIMES AND ORDER THEREON

LA 51128817

STIPULATION AND [Proposed] ORDER TO EXTEND TIMES Case No. CV 09-0348-MMC

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STROOCK & STROOCK & LAVAN LLP

WHEREAS, on January 26, 2009, plaintiffs Michael E. Moore and Diane M. Rooney (together, "Plaintiffs") filed the initial Class Action Complaint; WHEREAS, on February 9, 2009, Plaintiffs filed a First Amended Class Action Complaint (the "Amended Complaint"); WHEREAS, the response of defendant Chase Bank USA, N.A. ("Chase") to the Amended Complaint currently is due on or before March 16, 2009; WHEREAS, the Court, in its Order Setting Initial Case Management Conference and ADR Deadlines, dated January 26, 2009 ("Initial Case Management Order"), scheduled the initial Case Management Conference in this case for May 8, 2009 at 10:30 a.m., and further set certain deadlines in April and May 2009 in connection with the initial Case Management Conference ("Corresponding Deadlines"); WHEREAS, multiple similar class actions are currently pending in this District and in other federal district courts around the country and a Motion for Transfer and Coordination pursuant to 28 U.S.C. § 1407 (the "MDL Motion") has been filed with the Judicial Panel on Multidistrict Litigation (the "JPML") and docketed as In Re: Chase Bank USA, N.A., "Check Loan" Contract Litigation, MDL No. 2032; WHEREAS, responses to the MDL Motion are due by March 16, 2009, any reply is due by March 23, 2009, and the JPML will thereafter schedule a hearing date; WHEREAS, in light of the foregoing, the parties have agreed to an extension of the time for Chase to respond to the Amended Complaint, and to continue the initial Case Management Conference and Corresponding Deadlines set by the Court in its Initial Case Management Order, while the MDL Motion is pending; WHEREAS, pursuant to Local Rule 6-1(a) parties may agree to a extension of time within which to answer or otherwise respond to a compliant, provided the change will not alter the date of any event or any deadline already fixed by Court Order; WHEREAS, pursuant to Local Rules 6-1(b) and 6-2, the parties may request by stipulation an order altering dates and deadlines previously fixed by the Court;

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LA 51128817

-1STIPULATION AND [Proposed] ORDER TO EXTEND TIMES Case No. CV 09-0348-MMC

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STROOCK & STROOCK & LAVAN LLP

WHEREAS, the parties previously stipulated, without Court order, to an extension of the time in which Chase must respond to the Amended Complaint; WHEREAS, the time modifications requested herein will alter the dates and deadlines set by the Court in its Initial Case Management Order; and WHEREAS, this Stipulation is made in good faith and not for purposes of delay. IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that: 1. Chase's time to respond to the Amended Complaint is extended until: (a) in the

event the MDL Motion is granted, at such time as may be ordered by the MDL transferee judge; or (b) in the event the MDL Motion is denied, 10 days after such denial. 2. The initial Case Management Conference in this case is continued until: (a) in the

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event the MDL Motion is granted, at such time as may be ordered by the MDL transferee judge; or (b) in the event the MDL Motion is denied, 45 days after such denial or as soon thereafter as possible. All Corresponding Deadlines set by the Court in its Initial Case Management Order are continued accordingly.

IT IS SO STIPULATED.

Dated: March 16, 2009

STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND STEPHEN J. NEWMAN DAVID W. MOON A. R. KACHADOORIAN

By:

/s/ Stephen J. Newman Stephen J. Newman

Attorneys for Defendant CHASE BANK USA, N.A.

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STROOCK & STROOCK & LAVAN LLP

Dated: March 16, 2009

LIEFF CABRASER HEIMANN & BERNSTEIN, LLP ELIZABETH J. CABRASER MICHAEL W. SOBOL ROGER N. HELLER

By:

/s/ Michael W. Sobol Michael W. Sobol

Attorneys for Plaintiffs MICHAEL E. MOORE and DIANE M. ROONEY

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ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED., with the exception that the Case Management Conference is continued to June 26, 2009. A Joint Case Management Statement shall be filed no later than June 19, 2009. DATED: March 20, 2009 _________________________________ The Honorable Maxine M. Chesney United States District Judge

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