Pagsolingan v. American Express Company et al

Filing 32

ORDER to STAY LITIGATION re 25 Stipulation filed by American Express Centurion Bank, American Express Company Initial Case Management Conference set for 5/28/2010 08:30 AM.. Signed by Judge Charles R. Breyer on 3/23/2010. (be, COURT STAFF) (Filed on 3/23/2010)

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LOUIS SMITH, Attorney At Law, Admitted Pro Hac Vice GREENBERG TRAURIG, LLP 200 Park Avenue P.O. Box 677 Florham Park, NJ 07932-0677 Telephone: [phone] Facsimile: [phone] Email: [e-mail] WILLIAM J. GOINES, SBN 61290 GREGORY NYLEN, SBN 151129 KAREN ROSENTHAL, SBN 209419 GREENBERG TRAURIG, LLP 1900 University Ave., 5th Fl. East Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] Email: [e-mail]; [e-mail]; [e-mail]; Attorneys for Defendants American Express Company and American Express Centurion Bank [additional counsel listed on signature page] 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. C09-05039 CRB STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION

Date Action Filed: October 22, 2009

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") by and through their respective counsel, and pursuant to United States District Court, Northern District of California Civil Local Rule 6-2, hereby stipulate and respectfully request that the Court stay this litigation, including all pending deadlines and hearings, up to and including May 28, 2010. In support of this stipulation, the Parties state as follows:
STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION NJ 226,859,841v3

C09-05039 CRB

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1.

This case (the "California Action") is related to another action pending in the United

States District Court for the District of New Jersey, G.R. Homa, individually and on behalf of all others similarly situated, v. American Express Company and American Express Centurion Bank, 06cv-02985 (JAP) (the "New Jersey Action"). The allegations in both the California Action and the New Jersey Action concern the rebate feature of the "Blue Cash" credit card. The New Jersey

Action seeks to certify a class of "consumers residing in New Jersey," while the California Action seeks to certify a class of "consumers who reside or resided in the State of California." 2. The parties have completed substantial discovery in the New Jersey Action, and now

have engaged in settlement discussions. The Court in the New Jersey Action recently extended the fact discovery period in the New Jersey Action to June 1, 2010, to provide the parties with additional time in which to engage in settlement discussions before being required to complete the remaining fact discovery. 3. In light of the above, and in furtherance of the on-going settlement discussions, which

also address the claims asserted in the California Action, the parties believe a stay of the California Action is appropriate. The parties thus request that the Court continue the Initial Case Management Conference, currently set for March 26, 2010 at 8:30 a.m., to May 28, 2010 at 8:30 a.m., or at such date and time as the Court may determine. At that time, the Parties will apprise the Court as to the status of the settlement efforts, and the Court will set a deadline for Defendants to respond to the amended complaint. IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, through their respective counsel, to stay this litigation, including all pending deadlines and hearings, up to and including May 28, 2010, or to such other date and time as the Court deems reasonable and just. Dated: March 15, 2010 STULL, STULL & BRODY By: /s/ Patrice L. Bishop Patrice L. Bishop Timothy J. Burke [e-mail] 10940 Wilshire Blvd., Ste. 2300 Los Angeles, CA 90024 Tel: [phone]; Fax: [phone]

-2 NJ 226,859,841v3

STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION

C09-05039 CRB

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: March 15, 2010

Howard T. Longman [e-mail] Stull, Stull & Brody 6 East 45th St. 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 Rd. Chestnut Ridge, NY 10977 Tel: [phone]; Fax: [phone] Abraham Rappaport THE LAW OFFICE OF ABRAHAM RAPPAPORT, P.A. 3774 N.W. 3rd Ave. Boca Raton, FL 33431 Tel: [phone]; Fax: [phone] Counsel for Plaintiff Mindy Pagsolingan GREENBERG TRAURIG, LLP By: /s/ Karen Rosenthal Louis Smith William J. Goines Karen Rosenthal Cindy Hamilton Counsel for Defendants American Express Company and American Express Centurion Bank ATTESTATION CLAUSE I, Karen Rosenthal, am the ECF User whose ID and password are being used to file this STIPULATION TO STAY ACTION. In compliance with General Order 45, X.B., I hereby attest that Patrice L. Bishop has concurred in this filing. Dated: March 15, 2010. /s/ Karen Rosenthal Karen Rosenthal

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STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION

C09-05039 CRB

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[PROPOSED[ ORDER

Honorable Charles R. Breyer Judge, United States District RDERED Court

UNIT ED

Dated: March 23, 2010

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