Pagsolingan v. American Express Company et al

Filing 16

ORDER continuing CMC re 15 Stipulation filed by Mindy N. Pagsolingan Initial Case Management Conference set for 3/26/2010 08:30 AM.. Signed by Judge Charles R. Breyer on 2/4/2010. (be, COURT STAFF) (Filed on 2/4/2010)

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Patrice L. Bishop (SBN 182256) Timothy J. Burke (SBN 181866) [e-mail] STULL, STULL & BRODY 10940 Wilshire Boulevard Suite 2300 Los Angeles, CA 90024 Tel: [phone] Fax: [phone] Howard T. Longman [e-mail] STULL, STULL & BRODY 6 East 45th Street New York, NY 10017 Tel: [phone] Fax: [phone] [Additional Counsel Appear on Signature Page] Counsel for Plaintiff Mindy Pagsolingan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MINDY N. PAGSOLINGAN, on Behalf of ) Herself and All Others Similarly Situated, ) ) Plaintiff, ) ) v. ) ) AMERICAN EXPRESS COMPANY and ) AMERICAN EXPRESS CENTURION ) BANK, ) ) Defendants. ) ___________________________________ )

CASE NO. CV09-5039 CRB CLASS ACTION STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE DATE: TIME: CTRM: February 5, 2010 8:30 a.m. 8

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE CASE NO. CV09-5039 CRB
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Plaintiff Mindy N. Pagsolingan ("Plaintiff"), on Behalf of Herself and All Others Similarly Situated (the purported "Class"), and defendants American Express Company and American Express Centurion Bank ("Defendants") hereby stipulate as follows: WHEREAS, on October 22, 2009, Plaintiff filed her Complaint alleging, inter alia, that Defendants violated California Civil Code §1750, et seq., California Business & Professions Code §17200, et seq., California Business & Professions Code §17500, et seq., and breached their covenant of good faith and fair dealing owed to Plaintiff and the purported Class; WHEREAS, this Court set an Initial Case Management Conference for February 5, 2010; WHEREAS, on October 28, 2009, Plaintiff caused her Complaint to be hand-served on Defendants' Agent for Service of Process; WHEREAS, on November 12, 2009, Plaintiff and Defendants entered into a Stipulation Extending Time to Respond to Complaint providing Defendants until and including December 16, 2009, to answer or otherwise respond to Plaintiff's Complaint; WHEREAS, on November 17, 2009, this Court issued its Order granting the parties' Stipulation and provided Defendants until and including December 16, 2009, to answer or otherwise respond to Plaintiff's Complaint; WHEREAS, on December 16, 2009, Defendants' filed their Motion to Compel Arbitration and to Stay Action Pending Arbitration (the "Motion"), noticing the Motion for hearing on February 5, 2010; WHEREAS, in consideration of Defendants' Motion and in conversations with counsel for Defendants, Plaintiff believes it is appropriate to file an amended complaint in this action; WHEREAS, the parties agreed that it would be wasteful for Plaintiff to respond to the Motion directed to the initial complaint and on February 13, 2010, submitted to this Court a Stipulation and [Proposed] Order to Take Off-Calendar Defendants' Motion [] to Allow Plaintiff to file and Amended Complaint [see Docket No. 11]; WHEREAS, pursuant to the parties' stipulation, on January 15, 2010, this Court issued an Order taking Defendants' Motion off-calendar and allowing Plaintiff to file her amended complaint on or before February 16, 2010 [see Docket No. 12];
STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE 1 CASE NO. CV09-5039 CRB
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WHEREAS, pursuant to Fed. R. Civ. P. 12, Defendants' response to the amended complaint must be filed on or before March 9, 2010; WHEREAS, the parties agree that it would be judicially efficient for Defendants to have an opportunity to review the Amended Complaint prior to this Court conducting the Initial Case Management Conference; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED: That, if the Court is amenable, the Initial Case Management Conference should be continued for 49 days until March 26, 2010, at 8:30 a.m., or a later date as ordered by the Court. IT IS SO STIPULATED. Dated: February 2, 2010 STULL, STULL & BRODY Patrice L. Bishop Timothy J. Burke

By:

s/Patrice L. Bishop Patrice L. Bishop 10940 Wilshire Boulevard Suite 2300 Los Angeles, CA 90024 Tel: [phone] Fax: [phone] Howard T. Longman [e-mail] STULL, STULL & BRODY 6 East 45th Street New York, NY 10017 Tel: [phone] Fax: [phone] Gary S. Graifman [e-mail] Michael L. Braunstein [e-mail] KANTROWITZ, GOLDHAMER & GRAIFMAN, P.C. 747 Chestnut Ridge Road Chestnut Ridge, NY 10977 Tel: [phone] Fax: [phone]

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE 2 CASE NO. CV09-5039 CRB
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Abraham Rappaport THE LAW OFFICE OF ABRAHAM RAPPAPORT, P.A. 3774 N.W. 3rd Avenue Boca Raton, FL 33431 Tel: [phone] Fax: [phone] Counsel for Plaintiff Mindy Pagsolingan

GREENBERG TRAURIG, LLP William J. Goines Cindy Hamilton

s/William J. Goines William J. Goines 1900 University Avenue Fifth Floor East Palo Alto, CA 94303 Tel: [phone] Fax: [phone] Counsel for Defendants American Express Company and American Express Centurion Bank

I, Patrice L. Bishop, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance with General Order 45, X.B., I hereby attest that William J. Goines has concurred in this filing.

s/Patrice L. Bishop Patrice L. Bishop

STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE 3 CASE NO. CV09-5039 CRB
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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: ________________ February 4, 2010 IT IS SO ORDERED.

[PROPOSED] ORDER Pursuant to the stipulation of the parties, and for good cause shown, IT IS HEREBY ORDERED THAT: The Initial Case Management Conference is continued from February 5, 2010, until March 26, 2010, at 8:30 a.m.

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Honorable Charles R. Breyer Judge of the United StatesD ERE District Court

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE 4 CASE NO. CV09-5039 CRB
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