Casperson v. Bank of America et al

Filing 52

STIPULATION AND ORDER VACATING SETTLEMENT CONFERENCE DATE of 10/5/11 before Judge Spero. Parties shall attend the mediation with assigned mediator Marc Fong. Signed, as modified, by Judge Joseph C. Spero on 10/17/11. (klhS, COURT STAFF) (Filed on 10/17/2011)

1 James J. Bergmann #220447

Law Office of James J. Bergmann

2 631 5th Street, Suite 201

Santa Rosa, CA 95404

3 Telephone: [phone]

Facsimile: [phone]

4 [e-mail]
5 Attorney for Plaintiff DANA MAY CASPERSON
6 Patricia L. Victory #240114

MCGUIREWOODS LLP

7 1800 Century Park East, 8th Floor

Los Angeles, California 90067

8 Telephone: [phone]

Facsimile: [phone]

9 [e-mail]
10 Kathleen H. Dooley (admitted pro hac vice)

[e-mail]

11 Angela H. Zimmern (admitted pro hac vice)

[e-mail]

12 MCGUIREWOODS LLP

201 N. Tryon Street, Suite 2900

13 Charlotte, N.C. 28202

Telephone: [phone]

14 Facsimile: [phone]

15 Attorneys for Defendants FIA CARD SERVICES, N.A.
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and BANK OF AMERICA CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

19 DANA MAY CAPSERSON

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CASE NO. 3:11-cv-01425-TEH

Plaintiff,

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vs.

STIPULATION AND [PROPOSED]
ORDER TO ADJOURN
SETTLEMENT CONFERENCE

22 BANK OF AMERICA

CORPORATION; FIA CARD

23 SERVICES, N.A.; and DOES 1 through

30, inclusive,

24

Defendants.

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26
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Plaintiff Dana May Casperson ("Plaintiff") by and through her counsel, The
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STIPULATION AND [PROPOSED] ORDER TO ADJOURN SETTLEMENT CONFERENCE 3:11-cv-01425 TEH

1 Law Office of James J. Bergmann, and Defendants Bank of America Corporation
2 and FIA Card Services, N.A. ("Defendants"), by and through their counsel,
3 McGuireWoods LLP, hereby stipulate, pursuant to Civil Local Rule 6-2, for an
4 order from Magistrate Judge Joseph C. Spero to adjourn the Settlement Conference
5 now scheduled for October 5, 2011. The following is a brief chronology and the
6 reasons supporting this joint request:
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1. On July 12, 2011, the Court entered a Stipulation and Order Selecting

8 ADR Process and setting mediation for 90 days from the date thereof, thus setting a
9 deadline of October 11, 2011. (Docket Entry # 19)
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2. On August 8, 2011, the Court held an Initial Case Management

11 Conference. (Docket Entry # 34)
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3. On August 8, 2011, the case was referred to Magistrate Judge Spero for

13 Settlement. (No docket entry)
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4. On August 9, 2011, the Court entered the Order for Pretrial Preparation,

15 setting forth in Paragraph 8 thereof a provision for a settlement conference, the
16 parties being ordered to "arrange for a mandatory settlement conference before
17 Magistrate Judge Spero of this Court. This conference shall be scheduled to take
18 place no later than 5 calendar days before the pretrial conference" which pretrial
19 conference is, by the terms of the same order, scheduled for March 12, 2012.
20 (Docket Entry #35)
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5. On August 9, 2011, a Notice of Settlement Conference and Settlement

22 Conference Order was entered setting the case for a settlement conference with
23 Judge Spero on October 5, 2011. (Docket Entry # 36)
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6. Throughout this time, the parties have undertaken steps to obtain a refund

25 for the Plaintiff in connection with her credit card claim. As of this date the process
26 has experienced a delay through no fault of either party. The process through which
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STIPULATION AND [PROPOSED] ORDER TO ADJOURN SETTLEMENT CONFERENCE 3:11-cv-01425 TEH

1 a refund is being attempted may take up to 8 weeks to resolve through the credit
2 card association rules and procedures.
3

7. On September 28, 2011, court-appointed mediator Marc Fong reached

4 out to the parties to discuss mediation. All parties and Mr. Fong agree that the
5 parties would benefit from an adjournment of the Settlement Conference and
6 postponement of mediation pending the outcome of the attempted refund through
7 the credit card association rules and procedures. No mediation session has been
8 scheduled.
9

8.

On September 28, 2011, the parties jointly filed a Stipulation to

10 Adjourn Settlement Conference and Extend Deadline to Complete Mediation,
11 requesting an order from presiding Judge Henderson on those matters.
12

9.

On September 29, 2011, Judge Henderson entered an order extending

13 the parties’ deadline to complete mediation to November 18, 2011; however, Judge
14 Henderson ordered the parties to direct their request for adjournment of the October
15 5, 2011 Settlement Conference to Judge Spero, “whose calendar the request
16 impacts.” (See Docket Entry #50, Judge Henderson’s September 29, 2011 Order, at
17 p. 1, lines 22-24).
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10.

To date, there have been no previous requests to amend the date of the

19 Settlement Conference (other than the parties’ September 28, 2011 request to Judge
20 Henderson).
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11.

Modification of the dates for Mediation and Settlement Conference will

22 have no effect on the deadlines set forth in the Order for Pretrial Preparation.
23

Wherefore, the parties respectfully request that Judge Spero adjourn the

24 Settlement Conference scheduled for October 5, 2011, until such time as the parties
25 believe it necessary, but not later than 5 days before the Pretrial Conference
26 scheduled for March 12, 2012, in accordance with the Order for Pretrial Preparation.
27

Respectfully submitted,

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STIPULATION AND [PROPOSED] ORDER TO ADJOURN SETTLEMENT CONFERENCE 3:11-cv-01425 TEH

1
2

DATED: September 29 , 2011

Law Offices of James J. Bergmann

3

By: /s/ James J. Bergmann
James J. Bergmann
Attorney for Plaintiff, Dana May
Casperson

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5
6
7
8 DATED: September

29 , 2011

McGuireWoods LLP

9

By: /s/ Kathleen H. Dooley
Kathleen H. Dooley, Pro Hac Vice
Attorneys for Defendants, Bank of
America Corporation and FIA Card
Services, N.A.

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ORDER

VACATED

The Settlement Conference scheduled for October 5, 2011 is adjourned until
such time as the parties believe it necessary, but not later than 5 days before the
Pretrial Conference scheduled for March 12, 2012, in accordance with the Order for
Pretrial Preparation.
All other deadlines in the Order for Pretrial Preparation remain unchanged.

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PURSUANT TO STIPULATION, IT IS SO ORDERED
UNIT
ED

23 DATED: ______________________
10/17/11

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_______________________________
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STIPULATION AND [PROPOSED] ORDER TO ADJOURN SETTLEMENT CONFERENCE 3:11-cv-01425 TEH