Chavez v. Bank of America Corporation et al

Filing 129

STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE ON PLAINTIFFS' FOURTH AMENDED COMPLAINT. Signed by Judge Joseph C. Spero on 5/15/12. (klh, COURT STAFF) (Filed on 5/15/2012)

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KEVIN F. RUF (SBN 136901)
MARC L. GODINO (SBN 182689)
COBY M. TURNER (SBN 266298)
GLANCY BINKOW & GOLDBERG LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310-201 -9160
E-mail:
[e-mail]
Attorneys for Plaintiffs Patricia Vanhorn,
Richard Albaugh, and Patrick Mulcahy

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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

v.

STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING
SCHEDULE ON PLAINTIFFS’ FOURTH
AMENDED COMPLAINT

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

Magistrate Judge Joseph C. Spero

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

Plaintiff,

Defendants.

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STIPULATION REGARDING BRIEFING SCHEDULE ON PLAINTIFFS’
FOURTH AMENDED COMPLAINT -- CASE NO. 10-CV-00653-JCS

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

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

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

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

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reference to the following:

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RECITALS

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WHEREAS, the Court issued an Order on Defendants’ Motion to Dismiss the Third

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Amended Complaint on May 4, 2012, granting Plaintiffs leave to amend their Complaint in

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accordance with the Court’s Order (Dkt. No. 127);

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WHEREAS, the Parties agreed on the briefing schedule stipulated to below; and

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WHEREAS, Ms. Turner attests that concurrence in the filing of this document has been

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obtained from each of the signatories thereto.

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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:

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1.

Plaintiffs shall file any Fourth Amended Complaint by June 11, 2012.

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2.

In the event that Plaintiffs will not amend their Complaint, Plaintiffs will notify

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Defendants and the Parties will establish a deadline for Defendants’ answer to the Third

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Amended Complaint.

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3.

Should Plaintiffs file a Fourth Amended Complaint, the Parties will negotiate a

date for Defendants’ response once the Fourth Amended Complaint is filed with the Court.

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STIPULATION REGARDING BRIEFING SCHEDULE ON PLAINTIFFS’
FOURTH AMENDED COMPLAINT -- CASE NO. 10-CV-00653-JCS

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DATED: May 15, 2012

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GLANCY BINKOW & GOLDBERG LLP
By : s/ Coby M. Turner
Coby M. Turner
Kevin Ruf
Marc L. Godino
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310-201 -9160
E-mail:
[e-mail]

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Attorneys for Plaintiffs Patricia Vanhorn,
Richard Albaugh, and Patrick Mulcahy

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DATED: May 15, 2012
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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]

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

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ORDERED.
UNIT
ED

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Dated: May____, 2012

S
seph C.
Judge Jo

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R NIA

___________________________________
Judge Joseph C. Speroero
p
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ISTRIC
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PURSUANT TO STIPULATION, AND FOR GOOD CAUSE APPEARING, IT IS SO

LI

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[PROPOSED] ORDER

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F
D IS T IC T O
R

C

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-2STIPULATION REGARDING BRIEFING SCHEDULE ON PLAINTIFFS’
FOURTH AMENDED COMPLAINT -- CASE NO. 10-CV-00653-JCS

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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 1925
Century Park East, Suite 2100, Los Angeles, California 90067.
On May 15, 2012, I caused to be served the following document:
STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING
SCHEDULE ON PLAINTIFFS' FOURTH AMENDED COMPLAINT
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.
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I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on May 15, 2012, at Los Angeles, California.
s/ Coby M. Turner
Coby M. Turner

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CERTIFICATE OF SERVICE

CAND-ECF-

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5/15/2012 10:06 AM