Stevens v. JPMorgan Chase & Co. et al

Filing 27

ORDER: Defendants' time to respond is extended to the First Amended Complaint is 11/9/09, case management conference is set for 12/4/09 at 2:30(tf, COURT STAFF) (Filed on 10/15/2009)

Case3:09-cv-03116-SI Document24

Filed10/09/09 Page1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

RICHARD D. McCUNE, Esq., State Bar No. 132124 [e-mail] DAVID C. WRIGHT, Esq., State Bar No. 177468 [e-mail] JAE (EDDIE) K. KIM, Esq., State Bar No.: 236805 [e-mail] MCCUNEWRIGHT LLP 2068 Orange Tree Lane, Suite 216 Redlands, California 92374 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, Randall Stevens, on behalf of himself and all others similarly situated. GEORGE G. WEICKHARDT (SBN 58586) WENDY C. KROG (SBN 257010) ROPERS, MAJESKI, KOHN & BENTLEY 201 Spear Street, Suite 1000 San Francisco, CA 94105-1667 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Of Counsel: LEANN PEDERSON POPE (Admitted Pro Hac Vice) [e-mail] Danielle J. Szukala (Admitted Pro Hac Vice) [e-mail] BURKE, WARREN, MACKAY & SERRITELLA, P.C. 330 North Wabash Avenue, 22nd Floor Chicago, Illinois 60611 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendants JPMORGAN CHASE & CO. and JPMORGAN CHASE BANK, N.A. UNITED STATES DISTRICT COURT

18 FOR THE NORTHERN DISTRICT OF CALIFORNIA 19 20 21 22 23 24 25 26 27 28 RANDALL STEVENS, on behalf of himself and ) all others similarly situated, ) ) ) Plaintiff, ) v. ) ) JPMORGAN CHASE & CO.; JPMORGAN ) CHASE BANK, N.A. and DOES 1 through 125, ) ) Defendants. ) ) ) ) ) ) Case No.: CV 09-03116 SI Judge: Hon. Susan Illston STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT Complaint Filed: July 9, 2009 Trial Date: None Initial CMC Hearing Date: October 23, 2009 Initial CMC Hearing Time: 2:00 p.m.

-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT Case No.: CV 09-03116 SI

Case3:09-cv-03116-SI Document24

Filed10/09/09 Page2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 // // // // // // // //

STIPULATION WHEREAS, plaintiff Randall Stevens ("Plaintiff") filed his Class Action Complaint ("Complaint"), on behalf of himself and all others similarly situated, on July 9, 2009; WHEREAS, defendants JPMORGAN CHASE & CO. and JPMORGAN CHASE BANK, N.A. (collectively "Defendants"), each filed a motion to dismiss the Complaint on September 10, 2009; WHEREAS, Plaintiff filed a First Amended Complaint ("FAC") on October 8, 2009, which will facilitate clarification of the claims and allegations to which Defendants' responses will be directed; WHEREAS, Defendants agree to withdraw their motions to dismiss in light of the filing of the First Amended Complaint, thereby removing the October 30, 2009 hearing on the motions; WHEREAS, Plaintiff agrees to extend the time for Defendants to respond to the FAC to thirty (30) days after the filing of the FAC, which is November 9, 2009; WHEREAS, the initial case management conference ("CMC") is currently set for October 23, 2009; and WHEREAS, the parties have agreed to continue the CMC to December 4, 2009, or a later date when the Court is available, so that preliminary pleading matters may be initiated prior to the CMC; 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 the Court enter an order that: 1. Defendants' time to respond to the First Amended Complaint is extended for a period of thirty (30) days after the filing of the FAC to November 9, 2009; and

-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT Case No.: CV 09-03116 SI

Case3:09-cv-03116-SI Document24

Filed10/09/09 Page3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2.

The initial case management conference is continued to December 4, 2009, or a later date when the Court is available.

IT IS SO STIPULATED. Dated: October 8, 2009 ROPERS, MAJESKI, KOHN & BENTLEY GEORGE G. WEICKHARDT WENDY C. KROG By: /S/ George G. Weickhardt George G. Weickhardt

Attorneys for Defendants JPMORGAN CHASE & CO. and JPMORGAN CHASE BANK, N.A., Dated: October 8, 2009 MCCUNEWRIGHT LLP RICHARD D. MCCUNE DAVID C. WRIGHT JAE (EDDIE) K. KIM By: /S/ Richard D. McCune Richard D. McCune

Attorneys for Plaintiff RANDALL STEVENS

-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT Case No.: CV 09-03116 SI

Case3:09-cv-03116-SI Document24

Filed10/09/09 Page4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED:_________________ IT IS SO ORDERED. 2.

ORDER IT IS HEREBY ORDERED, pursuant to the Stipulation between the parties, that: 1. Defendants' time to respond to the First Amended Complaint is extended to thirty (30) days, to and including November 9, 2009. The initial case management conference is continued to December 4, 2009, or a later date when the Court is available.

____________________________________ The Honorable Susan Illston United Stated District Court Judge

-4STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT Case No.: CV 09-03116 SI