Chavez v. Bank of America Corporation et al

Filing 95

STIPULATION AND ORDER ESTABLISHING A BRIEFING SCHEDULE RELATED TO DFTS' MOTIONS PENDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT. Dfts shall file Motions due by 6/10/2011; opp due7/8/11; reply due 7/29/11. Motion Hearing set for 9/2/2011 09:30 AM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Signed by Judge Joseph C. Spero on 5/23/11.*Please note date motion hearing date change* (klh, COURT STAFF) (Filed on 5/23/2011)

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Steven E. Bledsoe (SBN 157811)
Steven A. Haskins (SBN 238865)
Paul A. Rigali (SBN 262948)
ARENT FOX LLP
555 West Fifth Street, 48th Floor
Los Angeles, CA 90013-1065
Telephone:
213.629.7400
Facsimile:
213.629.7401
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
INTERSECTIONS INC.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION

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PATRICIA VANHORN, RICHARD
ALBAUGH, and PATRICK MULCAHY,
individually and on behalf of all others
similarly situated,
Plaintiffs,

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

Case No. 3:10-cv-00653-JCS
[Assigned to Magistrate Judge Joseph C. Spero]
STIPULATION ESTABLISHING A
BRIEFING SCHEDULE RELATED TO
DEFENDANTS’ MOTIONS PENDING
ARBITRATION PURSUANT TO THE
FEDERAL ARBITRATION ACT
Complaint Filed:
Trial Date:

April 18, 2011
None Set

Defendants.

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A RENT F OX LLP
ATTORNEYS AT LAW
LOS A NGELES

STIPULATION RE: DEFENDANTS’ MOTIONS PENDING ARBITRATION
PURSUANT TO THE FEDERAL ARBITRATION ACT [CASE NO. 3:10-CV-00653-JCS]

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

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defendants Bank of America N.A., Intersections Inc., and FIA Card Services, N.A.

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(“Defendants”), by and through their undersigned counsel, hereby agree as follows:

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WHEREAS, Plaintiffs filed the Third Amended Complaint in the above-captioned action
on April 18, 2011;
WHEREAS, the Parties previously stipulated that Defendants shall have until May 18,

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2011 to answer or otherwise respond to the Third Amended Complaint, and the Court signed such

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stipulation on May 2, 2011;

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WHEREAS, the Parties, by and through their counsel of record, appeared at a further case
management conference conducted on May 6, 2011;
WHEREAS, on May 6, 2011, the Defendants notified the Court that one or both will file a
motion to enforce an existing arbitration agreement between the parties (the “Motion(s)”);
WHEREAS, the Court ordered the Parties to submit a proposed briefing schedule relating
to the filing of the Motion(s);

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WHEREAS, counsel for Plaintiffs and counsel for Bank of America N.A., and FIA Card

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Services, N.A. have authorized Defendant Intersections Inc. to affix their electronic signatures to

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this Stipulation;

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THEREFORE, the Parties, by and through their undersigned counsel, hereby stipulate that
upon approval of the Court:

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1. Defendants shall file the Motion(s) on June 10, 2011;

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2. Plaintiffs will file any opposition on or before July 8, 2011;

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3. Defendants will file any reply on or before July 29, 2011;
September 2, 2011, at 9:30 AM
4. The hearing on the Motion(s) shall be on August 12, 2011, or as soon thereafter as

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is practicable and convenient for the Court;
5. Defendants’ deadline to file responsive pleadings is vacated pending entry of an
Order resolving the Motion(s).

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A RENT F OX LLP
ATTORNEYS AT LAW
LOS A NGELES

-1STIPULATION RE: DEFENDANTS’ MOTIONS PENDING ARBITRATION
PURSUANT TO THE FEDERAL ARBITRATION ACT [CASE NO. 3:10-CV-00653-JCS]

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Dated: May 12, 2011

ARENT FOX LLP

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By:

/s/ Steven E. Bledsoe
Steven E. Bledsoe
Attorneys for Defendant
INTERSECTIONS INC.

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Dated: May 12, 2011

BRYAN CAVE LLP

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By:

/s/ Jennifer Jackson
Jennifer Jackson
Attorneys for Defendants
BANK OF AMERICA N.A. and FIA CARD
SERVICES, N.A.

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Dated: May 12, 2011

GLANCY BINKOW & GOLDBERG LLP

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By:

/s/ Coby M. Turner
Coby M. Turner
Attorneys for Plaintiffs
PATRICIA VANHORN, RICHARD
ALBAUGH, and PATRICK MULCAHY

UNIT
ED

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IT IS SO ORDERED.

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____________________________________
Spero
seph C.
JudgedJoseph C. Spero
Ju ge Jo
NO

Dated: May ____, 2011
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A RENT F OX LLP
ATTORNEYS AT LAW
LOS A NGELES

-2STIPULATION RE: DEFENDANTS’ MOTIONS PENDING ARBITRATION
PURSUANT TO THE FEDERAL ARBITRATION ACT [CASE NO. 3:10-CV-00653-JCS]