Burke v. U.S. Bancorp et al

Filing 27

ORDER Granting re 26 Stipulation Staying Action Pending Resoultion of MDL Transfer Issue filed by U.S. Bancorp, U.S. Bank N.A.. Signed by Judge Jeffrey S. White on 7/30/09. (fj, COURT STAFF) (Filed on 7/31/2009)

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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, sued as "U.S. BANK, N.A." UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

GEORGE T. BURKE, ROBERT LOWE and LORI ALDANA, husband and wife; SHANE PARKINS and KARA PARKINS, husband and wife, on behalf of themselves and all others similarly situated, Plaintiffs, v. U.S. BANCORP, U.S. BANK, N.A., and DOES 1 through 10, inclusive, Defendants.

Case No. CV 09 1579 JSW CLASS ACTION STIPULATION AND [PROPOSED] ORDER STAYING ACTION PENDING RESOLUTION OF MDL TRANSFER ISSUE Hon. Jeffrey S. White

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STIPULATION AND [PROPOSED] ORDER STAYING ACTION PENDING RESOLUTION OF MDL TRANSFER ISSUE - CASE NO. CV 09 1579 JSW la-1038512

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Plaintiffs George T. Burke, Robert Lowe, Lori Aldana, Shane Parkins, and Kara Parkins ("Plaintiffs") and Defendants U.S. Bancorp and U.S. Bank National Association, sued as "U.S. Bank, N.A." ("Defendants"), by and through their respective attorneys, hereby stipulate and agree as follows: WHEREAS, this Action involving the imposition of checking account overdraft fees was commenced on February 6, 2009, in California State Superior Court; WHEREAS, Defendants removed this Action from California State Superior Court on April 10, 2009; WHEREAS, Plaintiffs filed their Second Amended Complaint in this Action on July 14,

WHEREAS, on July 17, 2009, Defendants filed an Administrative Motion to Consider Whether Cases Should be Related, pursuant to Civil Local Rule 3-12, with respect to this Action and another checking account overdraft fee action pending against Defendants in this District, Willyum Waters, et al. v. U.S. Bancorp, et al., Case No. CV 09 2071 EMC ("Waters"); WHEREAS, on July 28, 2009, this Court issued a Related Case Order reassigning Waters to this Court (see Dkt. No. 25); WHEREAS, on June 10, 2009, the Judicial Panel for Multidistrict Litigation (the "Panel") issued a Transfer Order in In re Checking Account Overdraft Litigation (MDL No. 2036) (see Exhibit A); WHEREAS, the Panel's June 10, 2009 Transfer Order transferred to the Southern District of Florida three other class actions involving the imposition of checking account overdraft fees for consolidated or coordinated pretrial proceedings with two actions already pending in that District; WHEREAS, since June 10, 2009, the Panel has transferred additional class actions involving the imposition of checking account overdraft fees to the Southern District of Florida as "tag-along" actions to In re Checking Account Overdraft Litigation (MDL No. 2036);

STIPULATION AND [PROPOSED] ORDER STAYING ACTION PENDING RESOLUTION OF MDL TRANSFER ISSUE - CASE NO. CV 09 1579 JSW la-1038512

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WHEREAS, on or about July 16, 2009, the plaintiffs in Waters filed a notice with the Panel identifying Waters and this Action as potential "tag-along" actions to In re Checking Account Overdraft Litigation (MDL No. 2036) (see Exhibit B); WHEREAS, on July 23, 2009, the Panel issued a Conditional Transfer Order conditionally transferring this Action, Waters, and a third, unrelated action to the Southern District of Florida as potential "tag-along" actions to In re Checking Account Overdraft Litigation (MDL No. 2036) (see Exhibit C); WHEREAS, any notices of opposition to the Panel's July 23, 2009 Conditional Transfer Order are due by August 7, 2009; WHEREAS, the parties to this Action wish to avoid the unnecessary consumption of their own and the Court's resources and time while awaiting a decision by the Panel on whether this Action should be transferred to the Southern District of Florida for consolidated or coordinated pretrial proceedings as a "tag-along" action to In Re Checking Account Overdraft Litigation (MDL No. 2036); NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiffs and Defendants, by and through their respective attorneys of record, as follows: 1. This Action shall be stayed pending a decision by the Panel on whether this Action

should be treated as a "tag-along" action to In Re Checking Account Overdraft Litigation (MDL No. 2036) and transferred to the Southern District of Florida. 2. The foregoing stay shall include the stay of Defendants' obligation to respond to

Plaintiffs' Second Amended Complaint and the parties' obligations related to the Initial Case Management Conference currently scheduled for September 4, 2009. // // // // // //
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If the Panel issues an order declining to transfer this Action, then: (a) Defendants shall file a Notice of Status of MDL Proceedings with this Court within ten (10) days after the date on which they receive notice of the Panel's order; and (b) Defendants shall answer or otherwise respond to the Second Amended Complaint within twenty (20) days after the date on which they receive notice of the Panel's order.

Dated: July 29, 2009

MORRISON & FOERSTER LLP By: /s/ Sylvia Rivera Sylvia Rivera Attorneys for Defendants U.S. BANCORP and U.S. BANK NATIONAL ASSOCIATION, sued as "U.S. BANK, N.A."

Dated: July 29, 2009

KELLER GROVER LLP

By: /s/ Carey G. Been Carey G. Been Attorneys for Plaintiffs GEORGE T. BURKE, ROBERT LOWE, LORI ALDANA, SHANE PARKINS, and KARA PARKINS

ORDER 24 PURSUANT TO STIPULATION, IT IS SO ORDERED. 25 26 27 28

July 30, 2009 Dated: ______________________ By: __________________________________ Hon. Jeffrey S. White United States District Judge
STIPULATION AND [PROPOSED] ORDER STAYING ACTION PENDING RESOLUTION OF MDL TRANSFER ISSUE - CASE NO. CV 09 1579 JSW la-1038512

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