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

Filing 28

ORDER DISMISSING DEFENDANT CASE ISSUANCE TRUST. The matter is dismissed without prejudice as to all claims asserted in the Master Complaint against Chase Issuance Trust, with each party to bear their own attorneys' fees and costs. Signed by Judge Maxine M. Chesney on April 12, 2012. (mmclc1, COURT STAFF) (Filed on 4/12/2012)

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STROOCK & STROOCK & LAVAN LLP
JULIA B. STRICKLAND (State Bar No. 083013)
STEPHEN J. NEWMAN (State Bar No. 181570)
A.R. KACHADOORIAN (State Bar No. 240601)
CHRISTINE E. ELLICE (State Bar No. 276181)
2029 Century Park East
Los Angeles, California 90067-3086
Telephone: [phone]
Facsimile: 310-556-5959
Attorneys for Defendants
CHASE BANK USA, N.A. and
CHASE ISSUANCE TRUST

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In re: Chase Bank USA, N.A. “Check Loan”
Contract Litigation
THIS DOCUMENT RELATES TO ALL
CASES

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MDL No. 2032
Case No. 3:09-md-02032-MMC
[Assigned to the Hon. Maxine M. Chesney]
STIPULATION AND [PROPOSED] ORDER
DISMISSING DEFENDANT CHASE
ISSUANCE TRUST

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LA 51531779

STIPULATION AND [PROPOSED] ORDER
MDL No. 2032, Case No. 3:09-md-02032-MMC

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WHEREAS, on May 13, 2011, the Court certified a class of credit card customers of

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defendant Chase Bank USA, N.A. (“Chase”) in this matter against Chase and Chase Issuance Trust

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(the “Trust”);

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WHEREAS, Chase represents that the Trust does not issue credit card accounts, did not
send the promotional offers at issue, and had no role in the change in terms at issue;
WHEREAS, Chase confirms that all of the class members entered into contracts regarding

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the credit card accounts at issue with Chase, the issuer of the accounts, and not the Trust, and that

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each of the class members had contractual relationships with Chase, and not the Trust, regarding

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the credit card accounts at issue at the time of the change in terms at issue;

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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WHEREAS, the remaining claim in the Master Complaint in this matter is for breach of the
implied covenant of good faith and fair dealing;
WHEREAS, based on the foregoing, the parties agree that it is appropriate to dismiss the
Trust from this matter;

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WHEREAS, this Stipulation is made in good faith and not for purposes of delay.

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IT IS HEREBY STIPULATED, by and between the parties, through their respective

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counsel of record, that:
Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), the above-captioned matter shall

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be, and is, dismissed WITHOUT PREJUDICE as to all claims asserted in the Master Complaint

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against Chase Issuance Trust, with each party to bear their own attorneys’ fees and costs.

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IT IS SO STIPULATED.

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Dated: April 11, 2012

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STROOCK & STROOCK & LAVAN LLP
JULIA B. STRICKLAND
STEPHEN J. NEWMAN
ALEXANDRIA KACHADOORIAN
CHRISTINE E. ELLICE
By:

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/s/ Stephen J. Newman
Stephen J. Newman

Attorneys for Defendants

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LA 51531779

-1STIPULATION AND [PROPOSED] ORDER
MDL No. 2032, Case No. 3:09-md-02032-MMC

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Dated: April 11, 2012

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

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By:

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/s/ Roger N. Heller (with permission)
Roger N. Heller

Attorneys for Plaintiffs

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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LA 51531779

-2STIPULATION AND [PROPOSED] ORDER
MDL No. 2032, Case No. 3:09-md-02032-MMC

ORDER

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IT IS HEREBY ORDERED, pursuant to the Stipulation between the parties, that:

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii), the above-captioned matter shall

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be, and is, dismissed WITHOUT PREJUDICE as to all claims asserted in the Master Complaint

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against Chase Issuance Trust, with each party to bear their own attorneys’ fees and costs.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED: April 12, 2012

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2029 Century Park East
Los Angeles, California 90067-3086

STROOCK & STROOCK & LAVAN LLP

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_________________________________
The Honorable Maxine M. Chesney
United States District Judge

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LA 51531779

-3STIPULATION AND [PROPOSED] ORDER
MDL No. 2032, Case No. 3:09-md-02032-MMC