Burke v. U.S. Bancorp et al

Filing 17

ORDER GRANTING 16 Stipulation TO AMEND COMPLAINT. Signed by Judge Jeffrey S. White on 7/14/09. (jjo, COURT STAFF) (Filed on 7/14/2009)

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JEFFREY F. KELLER (CA SBN 148005) [e-mail] KATHLEEN R. SCANLAN (CA SBN 197529) [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. Case No. 09-CV-1579 JSW CLASS ACTION STIPULATION TO AMEND COMPLAINT AND [PROPOSED] ORDER

STIPULATION TO AMEND COMPLAINT

Case No. 09-CV-1579 JSW

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Plaintiff George Burke ("Plaintiff") and defendants U.S. Bancorp and U.S. Bank National Association ("Defendants"), 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 number SACV 09-0456 AG (the "Lowe Action"); WHEREAS, counsel for Plaintiff and counsel for the plaintiffs in the Lowe Action agreed to prepare a combined, amended complaint before this Court, the court before which the firstfiled action is pending, in an effort to avoid duplicative litigation and conserve judicial resources; WHEREAS, Defendants have consented to Plaintiff filing the Second Amended Complaint, which, among other things, combines Plaintiff's complaint with the complaint of the plaintiffs in the Lowe Action: Robert Lowe, Lori Aldana, Shane Parkins, and Kara Parkins; and

STIPULATION TO AMEND COMPLAINT

1

Case No. 09-CV-1579 JSW

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WHEREAS, on June 15, 2009, the Lowe Action was voluntarily dismissed without prejudice to the plaintiffs' right to re-file, in anticipation of the filing of the Second Amended Complaint before this Court; NOW THEREFORE, the parties hereby agree and stipulate to the filing of the Second Amended Complaint attached hereto as Exhibit 1 and the addition of Robert Lowe, Lori Aldana and Shane and Kara Parkins as plaintiffs to the instant litigation. The parties further stipulate that should the Court issue an order approving the filing of the Second Amended Complaint, then Defendants should have fifteen (15) days from the date of such order to respond to the Second Amended Complaint. Dated: July 13, 2009 JEFFREY F. KELLER KATHLEEN R. SCANLAN CAREY G. BEEN KELLER GROVER LLP

By:

/s/ Kathleen R. Scanlan Kathleen R. Scanlan

Attorneys for Plaintiff GEORGE T. BURKE Dated: July 13, 2009 JAMES R. MCGUIRE SYLVIA RIVERA MORRISON & FOERSTER LLP

By:

/s/Sylvia Rivera Sylvia Rivera

Attorneys for Defendants U.S. BANCORP and U.S. BANK NATIONAL ASSOCIATION PURSUANT TO STIPULATION, IT IS SO ORDERED. July 14, 2009 Dated: _______________________ By: ___________________________ Judge Jeffrey S. White United States District Court Judge 2 Case No. 09-CV-1579 JSW

STIPULATION TO AMEND COMPLAINT