Chavez v. Bank of America Corporation et al

Filing 117

STIPULATION AND ORDER REGARDING FURTHER STATUS AND SCHEDULING CONFERENCE. Status Conference set for 12/16/2011 01:30 PM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero.. Signed by Judge Joseph C. Spero on 11/14/2011. (klhS, COURT STAFF) (Filed on 11/14/2011)

1
2
3
4
5
6
7

KEVIN F. RUF (SBN 136901)
MARC L. GODINO (SBN 182689)
JALA A. AMSELLEM (SBN 129175)
COBY M. TURNER (SBN 266298)
GLANCY BINKOW & GOLDBERG LLP
1801 Avenue of the Stars, Suite 311
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310-201 -9160
E-mail:
[e-mail]
Attorneys for Plaintiffs Patricia Vanhorn,
Richard Albaugh, and Patrick Mulcahy

8

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

9
10
11
12

PATRICIA VANHORN, RICHARD
ALBAUGH, AND PATRICK
MULCAHY, Individually and On Behalf
of All Others Similarly Situated,
Plaintiff,

13
14

BANK OF AMERICA, N.A.; FIA CARD
SERVICES, NATIONAL
ASSOCIATION; and DOES 1 - 100,

STIPULATION AND [PROPOSED]
ORDER REGARDING FURTHER STATUS
AND SCHEDULING CONFERENCE

v.

15

Case No. 3:10-cv-00653-JCS

16
17

Magistrate Judge Joseph C. Spero

Defendants.

18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER REGARDING FURTHER STATUS AND SCHEDULING
CONFERENCE
CASE NO. 10-CV-00653-JCS

1

Pursuant to Local Rule 7-12, this Stipulation is entered into by and among Plaintiffs

2

Patricia Vanhorn, Richard Albaugh, and Patrick Mulcahy (“Plaintiffs”), and Defendants Bank of

3

America, N.A. (BANA), and FIA Card Services, N.A. (“FIA Card Services”) (Plaintiffs and

4

Defendants are collectively referred to as the “Parties”), through their respective counsel with

5

reference to the following:

6

RECITALS

7

WHEREAS this case had been ordered stayed pending two events: (i) the arbitration of

8

the claims of Plaintiffs Mulcahy and Vanhorn against former defendant Intersections Inc.

9

(“Intersections”); and (ii) an evidentiary hearing before this Court to determine whether the

10

claims of Plaintiff Albaugh against Intersections should similarly be ordered to arbitration (see

11

Dkt. No. 113);

12
13

WHEREAS subsequent to the above referenced order, Plaintiffs’ claims against
Intersections have been dismissed (Dkt. No. 115);

14
15
16
17
18

STIPULATIONS
NOW, THEREFORE, IT IS HEREBY STIPULATED by and among the Parties to this
action through their undersigned counsel that, with the Court’s approval:
1.

A further status conference to determine how this case should proceed against the

remaining Defendants shall be set at the Court’s earliest convenience.

19
20
21
22
23
24
25
26
27

DATED: November 9, 2011

GLANCY BINKOW & GOLDBERG LLP
By : s/ Coby M. Turner
Coby M. Turner
Kevin Ruf
Marc L. Godino
Jala A. Amsellem
1801 Avenue of the Stars, Suite 311
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310-201 -9160
E-mail:
[e-mail]
Attorneys for Plaintiffs Patricia Vanhorn,
Richard Albaugh, and Patrick Mulcahy

28
STIPULATION AND [PROPOSED] ORDER REGARDING FURTHER STATUS AND SCHEDULING
CONFERENCE
CASE NO. 10-CV-00653-JCS

1
2

DATED: November 9, 2011

3

BRYAN CAVE LLP
By: s/ Jennifer A. Jackson
Jennifer A. Jackson
Robert E. Boone III
120 Broadway, Suite 300
Santa Monica, CA 90401
Telephone: [phone]

4
5
6

Attorneys for Defendants Bank of America, N.A.,
and FIA Card Services, N.A.

7
8
9

[PROPOSED] ORDER
10
PURSUANT TO STIPULATION, AND FOR GOOD CAUSE APPEARING, IT IS
11
ORDERED THAT:
12
1.

A further status conference to determine how this case should proceed against the
p.m.
December 16
1:30
remaining Defendants is set for ______________, 2011 at _______ a.m.

14
14
Dated: November ___, 2011

RT
U
O

NO

17

RT

18

Judge Jo

ER

Spero
seph C.

A

H

19

R NIA

16

FO

S

___________________________________
Judge Joseph C. Spero
UNIT
ED

15

ISTRIC
ES D
TC
AT
T

LI

13

N

F
D IS T IC T O
R

C

20
21
22
23
24
25
26
27
28
-2STIPULATION AND [PROPOSED] ORDER REGARDING FURTHER STATUS AND SCHEDULING
CONFERENCE
CASE NO. 10-CV-00653-JCS

1
2
3
4
5
6
7
8
9
10

PROOF OF SERVICE VIA ELECTRONIC POSTING PURSUANT TO NORTHEN
DISTRICT OF CALIFORNIA LOCAL RULES AND ECF GENERAL ORDER NO. 45
I, the undersigned, say:
I am a citizen of the United States and am employed in the office of a member of the Bar of
this Court. I am over the age of 18 and not a party to the within action. My business address is 1801
Avenue of the Stars, Suite 311, Los Angeles, California 90067.
On November 9, 2011, I caused to be served the following document:
STIPULATION AND [PROPOSED] ORDER REGARDING FURTHER STATUS
AND SCHEDULING CONFERENCE
By posting the document to the ECF Website of the United States District Court for the
Northern District of California, for receipt electronically by the parties as reflected on the
attached Court’s Service List.

11 There are no non-ECF registered parties in this action.
12
13
14
15

I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on November 9, 2011, at Los Angeles, California.
s/ Coby M. Turner
Coby M. Turner

16
17
18
19
20
21
22
23
24
25
26
27
28
CERTIFICATE OF SERVICE

CAND-ECF-

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?945635530994277-L_3...

Mailing Information for a Case 3:10-cv-00653-JCS
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case.
Jala Arlene Amsellem
[e-mail]
Steven E. Bledsoe
[e-mail],[e-mail]
Robert E. Boone , III
[e-mail],[e-mail]
Marc Lawrence Godino
[e-mail],[e-mail]
Steven Alan Haskins
[e-mail],[e-mail]
Jennifer A. Jackson
[e-mail],[e-mail]
Paul Anthony Rigali
[e-mail],[e-mail]
Kevin Francis Ruf
[e-mail],[e-mail],[e-mail],[e-mail]
Douglas Andrew Thompson
[e-mail],[e-mail]
Coby Marie Turner
[e-mail],[e-mail]
Jed P. White
[e-mail],[e-mail]

Manual Notice List
The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore
require manual noticing). You may wish to use your mouse to select and copy this list into your word processing
program in order to create notices or labels for these recipients.
(No manual recipients)

1 of 2

11/9/2011 9:21 AM