Burke v. U.S. Bancorp et al

Filing 15

ORDER GRANTING 12 Stipulation for Extension of Time. Signed by Judge Jeffrey S. White on July 2, 2009. (jswlc2, COURT STAFF) (Filed on 7/2/2009)

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JEFFREY F. KELLER (CA SBN 148005) [e-mail] DENISE L. DÍAZ (CA SBN 159516) ddí[e-mail] CAREY G. BEEN (CA SBN 240996) [e-mail] KELLER GROVER LLP 425 Second Street, Suite 500 San Francisco, CA 94107 Telephone: [phone] Facsimile: 415.543.7861 Attorneys for Plaintiff GEORGE T. BURKE JAMES R. McGUIRE (CA SBN 189275) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 SYLVIA RIVERA (CA SBN 223203) [e-mail] MORRISON & FOERSTER LLP 555 West Fifth Street Los Angeles, CA 90013-1024 Telephone: [phone] Facsimile: 213.892.5454 Attorneys for Defendants U.S. BANCORP and U.S. BANK NATIONAL ASSOCIATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GEORGE T. BURKE, on behalf of himself and all others similarly situated, Plaintiff, v. U.S. BANCORP, U.S. BANK N.A., and DOES 110, inclusive, Defendants.
STIP. TO FURTHER EXTEND TIME TO RESPOND TO FAC la-1035222

Case No. CV 09 1579 JSW CLASS ACTION STIPULATION AND [PROPOSED] ORDER FOR FURTHER EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT IN LIGHT OF ANTICIPATED FILING OF SECOND AMENDED COMPLAINT

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2009;

Pursuant to Local Rule 6-1(a) and Federal Rule of Civil Procedure 12(a), Plaintiff George T. Burke ("Plaintiff") and Defendants U.S. Bancorp and U.S. Bank National Association ("Defendants"), by and through their respective attorneys, hereby stipulate and agree as follows: WHEREAS, Plaintiff filed his complaint in this matter on February 6, 2009; WHEREAS, Plaintiff filed the First Amended Complaint in this matter on March 10,

WHEREAS, Defendants removed this case from California State Superior Court on April 10, 2009; WHEREAS, the parties have since engaged in mutual discussion and an informal exchange of information regarding the conduct at issue in this litigation; WHEREAS, as a result of such discussions Plaintiff and Defendants agreed that Plaintiff's First Amended Complaint may not accurately allege certain facts and Defendants' policies and procedures; WHEREAS, Plaintiff decided that under the circumstances, amendment of the First Amended Complaint would be appropriate; WHEREAS, in the process of preparing a second amended complaint, Plaintiff discovered that another putative class action, commenced after this action, existed in the Central District of California regarding substantially the same subject matter as the instant litigation, specifically the case of Lowe, et al. v. U.S. Bank, N.A., case no. SACV 09-0456 AG (the "Lowe Action"); WHEREAS, counsel for Plaintiff and counsel for the plaintiffs in the Lowe Action have now prepared a draft consolidated Second Amended Complaint, which they propose to file in this Court, the court before which the first-filed action is pending, in an effort to avoid duplicative litigation and conserve judicial resources; WHEREAS, on June 30, 2009 (yesterday), counsel for Plaintiff provided to counsel for Defendants (i) a copy of the proposed, consolidated Second Amended Complaint and (ii) a proposed stipulation consenting to the filing of the Second Amended Complaint;

STIP. TO FURTHER EXTEND TIME TO RESPOND TO FAC la-1035222

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WHEREAS, counsel for Defendants have not had an adequate opportunity to fully review the proposed Second Amended Complaint with the relevant personnel from Defendants, but expect to complete that process soon; WHEREAS, the parties remain hopeful that at the conclusion of that process, they will reach a stipulation regarding the filing of a second amended complaint, thus obviating the need for any motion practice concerning the filing of a second amended complaint; and WHEREAS, in light of the foregoing, the parties agree that Defendants' deadline to respond to the First Amended Complaint, which is currently July 1, 2009, should be extended an additional two weeks to allow the parties to reach a stipulation regarding the filing of a second amended complaint; IT IS HEREBY STIPULATED AND AGREED pursuant to Local Rule 6-1(a), and Federal Rule of Civil Procedure 12(a), by and between Plaintiff George Burke and Defendants U.S. Bancorp and U.S. Bank National Association, through their respective attorneys, that the time by which Defendants may plead or otherwise respond to the First Amended Complaint shall be extended to and include Wednesday, July 15, 2009.

STIP. TO FURTHER EXTEND TIME TO RESPOND TO FAC la-1035222

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Dated: July 1, 2009

JEFFREY F. KELLER CAREY G. BEEN KELLER GROVER LLP

By:

/s/ Carey G. Been Carey G. Been Attorneys for Plaintiff GEORGE T. BURKE

Dated: July 1, 2009

JAMES R. MCGUIRE SYLVIA RIVERA MORRISON & FOERSTER LLP

By:

/s/ James R. McGuire James R. McGuire Attorneys for Defendants U.S. BANCORP and U.S. BANK NATIONAL ASSOCIATION

GENERAL ORDER 45 ATTESTATION In accordance with General Order 45, concurrence in the filing of this document has been obtained from each of the signatories and I shall maintain records to support this concurrence for subsequent production for the court if so ordered or for inspection upon request by a party.

/s/ James R. McGuire James R. McGuire Attorneys for Defendants U.S. BANCORP and U.S. BANK NATIONAL ASSOCIATION PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: ___________________________ July 2, 2009

By: ___________________________ Judge Jeffrey S. White United States District Court Judge

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