McNeary-Calloway v. JPMorgan Chase Bank, N.A. et al

Filing 41

STIPULATION AND ORDER REGARDING FILING OF AMENDED COMPLAINT. Motions terminated: 23 MOTION to Dismiss Plaintiff's Complaint filed by Chase Bank USA, N.A., JPMorgan Chase Bank, N.A. - VACATED AS MOOT. Defendant's response or Motion to Dismiss due by 11/21/2011. Replies due by 1/25/2012. Responses/Opposition due by 12/30/2011. Motion Hearing and Further Case Management Conference set for 3/9/2012 at 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Signed, as modified, by Judge Joseph C. Spero on 10/19/11. See modification on page 2, line 25.(klhS, COURT STAFF) (Filed on 10/19/2011) Modified on 10/19/2011 (klhS, COURT STAFF).

1 KESSLER TOPAZ
MELTZER & CHECK, LLP
2 Ramzi Abadou (SBN 222567)
580 California Street, Suite 1750
3 San Francisco, CA 94104
Telephone: [phone]
4 Facsimile: [phone]

BINGHAM MCCUTCHEN LLP
Peter Obstler (SBN 171623)
Zachary J. Alinder (SBN 209009)
Elizabeth Benson (SBN 268851)
Three Embarcadero Center
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

5 - and 6 Edward W. Ciolko (pro hac vice)
Terence S. Ziegler (pro hac vice)
7 Donna Siegel Moffa (pro hac vice)
Michelle A. Coccagna (pro hac vice)
8 280 King of Prussia Road
Radnor, PA 19087
9 Telephone: [phone]
Facsimile: [phone]
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Counsel for Plaintiff and the Proposed Class
11 [Additional counsel listed on signature page]
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Counsel for Defendants

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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PATRICIA MCNEARY-CALLOWAY,
15 individually and on behalf of all others similarly
16 situated,
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)
)
)
)
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Plaintiff,
)
)
v.
)
)
JPMORGAN CHASE BANK, N.A. and CHASE )
)
BANK USA, N.A.,
)
)
Defendants.
)

Case No.: 11-cv-03058-JCS
STIPULATION AND [PROPOSED]
ORDER REGARDING FILING OF
AMENDED COMPLAINT
PURSUANT TO FED. R. CIV. P.
15(a)(1)(B)
Action Filed: June 20, 2011
Judge: Hon. Joseph C. Spero

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Patricia McNeary-Calloway (“Plaintiff”) and Defendants JPMorgan Chase Bank N.A. and

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Chase Bank USA N.A. (collectively, “Defendants”) (together, the “Parties”) respectfully submit the

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following Joint Stipulation pursuant to Fed. R. Civ. P. 15(a)(1)(B) regarding the filing of Plaintiff’s

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First Amended Complaint (the “FAC”), attached hereto as Exhibit A.

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WHEREAS Plaintiff filed a Class Action Complaint (the “Complaint”) against Defendants
on June 20, 2011 (ECF No. 1);
Case No. 11-cv-03058-JCS
Stip. & [Proposed] Order Regarding Filing of Amended Complaint

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WHEREAS on August 19, 2011, Defendants filed a Motion to Dismiss the Complaint (the

2 “Motion to Dismiss”) (ECF No. 23);
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WHEREAS pursuant to the Court’s Order regarding the Joint Stipulation to Extend the Time

4 for Plaintiff to Respond to the Motion to Dismiss, filed September 28, 2011 (ECF No. 35), Plaintiff’s
5 response to the Motion to Dismiss was initially due October 10, 2011 (ECF No. 36);
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WHEREAS as noted in the Joint Stipulation to Extend the Time for Plaintiff to Respond to

7 the Motion to Dismiss, Plaintiff was preparing to file an Amended Complaint to this action to add
8 additional parties and/or additional claims;
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WHEREAS on October 7, 2011 the Parties filed a Joint Stipulation reiterating Plaintiff’s

10 intention to file an Amended Complaint and requesting seven additional days for Plaintiff to finalize
11 the proposed Amended Complaint in light of discussions amongst co-counsel, discussions with
12 proposed plaintiff and due to the upcoming Jewish holidays (ECF No. 37);
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WHEREAS on October 12, 2011 the Court Ordered that Plaintiff respond to the Motion to

14 Dismiss on or before October 17, 2011 in order to provide Plaintiff additional time to complete and
15 finalize the proposed Amended Complaint (ECF No. 38);
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WHEREAS all Parties have stipulated and agreed to the filing of the FAC, and agreed to the

17 response, briefing and hearing schedules proposed below.
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IT IS HEREBY STIPULATED AS FOLLOWS:

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1.

Plaintiffs shall file their First Amended Complaint on or before October 17, 2011;

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2.

Defendants’ Motion to Dismiss the original Complaint shall be vacated as moot; and,

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3.

Defendants shall have until November 21, 2011 to respond to Plaintiff’s First

22 Amended Complaint. If Defendants’ response is a motion to dismiss or other pleading motion rather
23 than an answer, Plaintiff’s opposition shall then be due on or before December 30, 2011, and
24 Defendants’ reply would be due on or before January 25, 2011. The hearing shall then be set for
March 9, 2012 - JCS
25 February 17, 2012 at 9:30 a.m., or as soon thereafter as the Court’s schedule permits. The Parties
26 further agree and respectfully request that the Court set the initial case management conference for
27 the same date as the hearing on Defendants’ renewed motion to dismiss, consistent with the Court’s
28 prior case management schedule (see Docket No. 34), and with the joint case management statement
Case No. 11-cv-03058-JCS
Stip. & [Proposed] Order Regarding Filing of Amended Complaint

1 due one week before the case management conference. All other dates shall run in accordance with
2 the Federal Rules of Civil Procedure and the Local Rules of the United States District Court for the
3 Northern District of California.
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IT IS SO STIPULATED.

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Respectfully submitted,
Dated: October 17, 2011

/s/ Edward W. Ciolko
Edward W. Ciolko (pro hac vice)
[e-mail]
Terry S. Ziegler (pro hac vice)
[e-mail]
Donna Siegel Moffa (pro hac vice)
[e-mail]
Michelle A. Coccagna (pro hac vice)
[e-mail]
KESSLER TOPAZ
MELTZER & CHECK LLP
280 King of Prussia Road
Radnor, PA 19087
Tel: [phone]
Fax: [phone]
-andRamzi Abadou (SBN 222567)
[e-mail]
580 California Street, Ste. 1750
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
Jeffrey J. Angelovich (pro hac vice)
Michael B. Angelovich (pro hac vice)
Brad E. Seidel (pro hac vice)
NIX PATTERSON & ROACH LLP
205 Linda Drive
Daingerfield, TX 75638
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff and the Proposed Class

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Case No. 11-cv-03058-JCS
Stip. & [Proposed] Order Regarding Filing of Amended Complaint

1 Dated: October 17, 2011

BINGHAM McCCUTCHEN LLP

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/s/ Peter Obstler (with consent)
Peter Obstler (SBN 171623)
[e-mail]
Zachary J. Alinder (SBN 209009)
[e-mail]
Elizabeth Benson (SBN 268851)
[e-mail]
Three Embarcadero Center
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]

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Attorneys for Defendants

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R NIA

LI

ER

Spero

FO

seph C.

Judge Jo

H

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RT

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NO

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D
RDERE
IS SO O FIED
IT
Honorable Joseph C. Spero
DI
AS MO
United States District Magistrate Judge

A

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TC

UNIT
ED

10/19/2011
15 Dated:

TE
TA

RT
U
O

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S

13 PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS SO ORDERED.
S DISTRIC

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F
D IS T IC T O
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Case No. 11-cv-03058-JCS
Stip. & [Proposed] Order Regarding Filing of Amended Complaint

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FILER’S ATTESTATION
Pursuant to General Order No. 45, § X(B), I attest under penalty of perjury that concurrence

3 in the filing of the document has been obtained from all of the signatories.
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5 DATED: October 17, 2011
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KESSLER TOPAZ
MELTZER & CHECK, LLP
By: /s/ Edward W. Ciolko
Edward W. Ciolko

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Case No. 11-cv-03058-JCS
Stip. & [Proposed] Order Regarding Filing of Amended Complaint

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CERTIFICATE OF SERVICE
I hereby certify that on October 17, 2011, I electronically filed the foregoing with the Clerk

3 of the Court using the CM/ECF system which will send notification of such filing to the e-mail
4 addresses of all counsel of record.
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/s/ Edward W. Ciolko
Edward W. Ciolko

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Case No. 11-cv-03058-JCS
Stip. & [Proposed] Order Regarding Filing of Amended Complaint