Chavez v. Bank of America Corporation et al

Filing 131

STIPULATION AND ORDER REGARDING DEFENDANTS' RESPONSE TO PLAINTIFFS' THIRD AMENDED COMPLAINT AND CLASS CERT. DEADLINE. Signed by Judge Joseph C. Spero on 6/15/12. (klhS, COURT STAFF) (Filed on 6/18/2012)

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Robert E. Boone III, California Bar No. 132780
Jennifer A. Jackson, California Bar No. 192998
Brian J. Recor, California Bar No. 229091
BRYAN CAVE LLP
120 Broadway, Suite 300
Santa Monica, California 90401-2386
Telephone:
[phone]
Facsimile:
[phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants
BANK OF AMERICA, N.A. and
FIA CARD SERVICES, N.A.

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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,
Plaintiff,

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v.

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

STIPULATION AND [PROPOSED]
ORDER REGARDING DEFENDANTS’
RESPONSE TO PLAINTIFFS’ THIRD
AMENDED COMPLAINT AND CLASS
CERTIFICATION DEADLINE

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

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Magistrate Judge Joseph C. Spero
Defendants.

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STIPULATION REGARDING RESPONSE TO PLAINTIFFS’
THIRD 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
WHEREAS, on December 14, 2011, the Court issued an Order setting the deadline for
Plaintiffs to move for class certification as August 1, 2012 (Dkt No. 119);

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WHEREAS, on May 4, 2012, the Court issued an Order on Defendants’ Motion to

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Dismiss the Third Amended Complaint, granting Plaintiffs leave to amend their pleading in

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

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WHEREAS, on May 15, 2012, the Court granted the parties’ stipulation to allow Plaintiffs
up to June 11, 2012 to file an amended pleading (Dkt. No. 129);
WHEREAS, Plaintiffs have chosen not to amend the Third Amended Complaint and the
only remaining Plaintiff is Richard Albaugh;

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WHEREAS, the parties stipulate to extend Defendants’ time to respond to the Third

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Amended Complaint, as modified by the Court’s Mary 4, 2012 Order, and Plaintiff’s time to

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move for class certification; and

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WHEREAS, Mr. Recor attests that concurrence in the filing of this document has been
obtained from each of the signatories thereto.

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//

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//

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STIPULATION REGARDING RESPONSE TO PLAINTIFFS’
THIRD AMENDED COMPLAINT -- CASE NO. 10-CV-00653-JCS

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STIPULATIONS

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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.

Defendants will file an answer to the Third Amended Complaint by July 11, 2012.

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2.

Plaintiff Richard Albaugh will file a motion for class certification by October 1,

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2012.

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DATED: June 14, 2012

GLANCY BINKOW & GOLDBERG LLP

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By : /s/ Kevin Ruf
Kevin Ruf

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

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BRYAN CAVE LLP

DATED: June 14, 2012

By: /s/ Brian J. Recor
Brian J. Recor

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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: June____, 2012

RT

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Judge Jo

Spero

H

ER

seph C.

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FO

NO

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R NIA

___________________________________
Judge Joseph C. Spero

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RT
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O

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ISTRIC
ES D
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PURSUANT TO STIPULATION, AND FOR GOOD CAUSE APPEARING, IT IS SO

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[PROPOSED] ORDER

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F
D IS T IC T O
R

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STIPULATION REGARDING RESPONSE TO PLAINTIFFS’
THIRD AMENDED COMPLAINT -- CASE NO. 10-CV-00653-JCS

C

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PROOF OF SERVICE

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I am employed in the County of Los Angeles, State of California. I am over
the age of 18 and not a party to the within action. My business address is 120
Broadway, Suite 300, Santa Monica, California 90401-2386.
On June 14, 2012, I served the foregoing document, described as:
STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANTS’ RESPONSE
TO PLAINTIFFS’ THIRD AMENDED COMPLAINT AND CLASS CERTIFICATION
DEADLINE, on each interested party in this action, as follows:

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Kevin F. Ruf (SBN 136901)
Marc L. Godino (SBN 182689)
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]

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(VIA MAIL) I placed a true copy (or original) of the foregoing
document in a sealed envelope addressed to each interested party as set forth above.
I placed each such envelope, with postage thereon fully prepaid, for collection and
mailing at Bryan Cave LLP, Santa Monica, California. I am readily familiar with
Bryan Cave LLP’s practice for collection and processing of correspondence for
mailing with the United States Postal Service. Under that practice, the
correspondence would be deposited in the United States Postal Service on that same
day in the ordinary course of business.
(VIA UPS OVERNIGHT) I deposited in a box or other facility
maintained by FedEx, an express carrier service, or delivered to a courier or driver
authorized by said express carrier service to receive documents, a true copy of the
foregoing document, in an envelope designated by said express service carrier, with
delivery fees paid or provided for.
(BY CM/ECF) The document was served via The United States
District Court –Central District’s CM/ECF electronic transfer system which
generates a Notice of Electronic Filing (NEF) upon the parties, the assigned judge
and any registered user in the case. Each transmission was reported as complete
and without error.
(FEDERAL) I declare that I am employed in the office of a member of
the bar of this court at whose direction the service was made.
Executed on June 14, 2012 at Santa Monica, California.
/s/ Alicia Moore
Alicia Moore

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STIPULATION REGARDING RESPONSE TO PLAINTIFFS’
THIRD AMENDED COMPLAINT -- CASE NO. 10-CV-00653-JCS