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

Filing 54

STIPULATION AND ORDER RE BRIEFING ON 48 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Chase Bank USA, N.A., JPMorgan Chase Bank, N.A. Replies due by 2/15/2012. Responses due by 1/12/2012. Hearing set for 3/9/12 at 9:30 AM. Signed by Judge Joseph C. Spero on 12/21/11. (klhS, COURT STAFF) (Filed on 12/21/2011)

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]
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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PATRICIA MCNEARY-CALLOWAY, COLIN
15 MACKINNON, TERRIE MACKINNON,
ANDREA NORTH and SHEILA M. MAYKO,
16 individually and on behalf of all others similarly
situated,
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Plaintiffs,

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v.

20 JPMORGAN CHASE BANK, N.A. and CHASE
BANK USA, N.A.
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Counsel for Defendants

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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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]

Civil Action No. CV-11-03058-JCS
STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING
SCHEDULE ON DEFENDANTS’
MOTION TO DISMISS
Action Filed: June 20, 2011
Judge: Hon. Joseph C. Spero

Defendants.

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Patricia McNeary-Calloway, Colin Mackinnon, Andrea North and Sheila M. Mayko,

25 (“Plaintiffs”) and Defendants JPMorgan Chase Bank, N.A. and Chase Bank USA, N.A.
26 (collectively, “Defendants”) (together, the “Parties”) respectfully submit the following Joint
27 Stipulation regarding the briefing schedule on Defendants’ Motion to Dismiss.
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WHEREAS as provided by the Stipulation and Order Regarding Filing of Amended
Case No. 11-cv-03058-JCS
Stip. & [Proposed] Order Regarding Briefing Schedule on Motion to Dismiss

1 Complaint Pursuant to Fed. R. Civ. P. 15(a)(1)(B) dated October 19, 2011, (ECF No. 41) (“the
2 October 19, 2011 Stipulation and Order”), Plaintiff filed a First Amended Complaint (the
3 “Amended Complaint”) deemed filed on October 17, 2011 (ECF No. 39-1).
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WHEREAS in accordance with the schedule established by the October 19, 2011

5 Stipulation and Order, Defendants filed a Motion to Dismiss the Amended Complaint (the
6 “Motion to Dismiss”) (ECF No. 48) on November 21, 2011;
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WHEREAS the October 19, 2011 Stipulation and Order adopted a briefing schedule that

8 set: the requested date of December 30, 2011, as the date for filing of the opposition to the
9 motion to dismiss; the requested date of January 25, 2012, as the date for filing the reply in
10 support of the motion to dismiss; and March 9, 2012, a date three weeks later than the date
11 requested by the parties, for the hearing on the motion to dismiss;
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WHEREAS in light of the later hearing date and a number of unexpected filings that

13 Plaintiffs are now due to file in various matters during the upcoming holiday period, Plaintiffs
14 proposed to Defendants that the parties stipulate to a briefing schedule that allowed both parties
15 some additional time to prepare their submissions in connection with the Motion to Dismiss;
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WHEREAS Plaintiffs proposed that the parties stipulate to a schedule that provides that

17 Plaintiffs file their response to the Motion to Dismiss on January 12, 2012, and Defendants file
18 their reply in further support of the Motion to Dismiss on February 15, 2012 (i.e. twenty-two
19 days before the scheduled March 9, 2012 hearing), and Defendants agreed thereto;
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WHEREAS all Parties have stipulated and agreed to the briefing schedule proposed

21 below, and respectfully request that the Court so order.
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IT IS HEREBY STIPULATED AS FOLLOWS:

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1.

Plaintiffs shall file their Opposition to Defendants’ Motion to Dismiss on or

24 before January 12, 2012;
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2.

Defendants shall file their Reply in Support of Defendants’ Motion to Dismiss on

26 or before February 15, 2012; and
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3.

In accordance with the schedule established by the October 19, 2011 Stipulation and

28 Order (ECF No. 41), the hearing on the Motion to Dismiss shall be set for March 9, 2012, at 9:30
Case No. 11-cv-03058-JCS
Stip. & [Proposed] Order Regarding Briefing Schedule on Motion to Dismiss

1 a.m., or as soon thereafter as the Court’s schedule permits.

All other dates shall run in

2 accordance the schedule established by the October 19, 2011 Stipulation and Order, Federal
3 Rules of Civil Procedure and the Local Rules of the United States District Court for the Northern
4 District of California.
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IT IS SO STIPULATED.

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Respectfully submitted,

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8 Dated: December 20, 2011
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/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 Briefing Schedule on Motion to Dismiss

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Dated: December 20, 2011

BINGHAM McCCUTCHEN LLP
/s/ Zachary J. Aliner (signed 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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ER

R NIA

seph C.

Spero

FO

Judge Jo

H

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RT

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NO

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Honorable Joseph C. Spero
United States District Magistrate Judge

LI

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12/21/11

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Dated:

S DISTRICT
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C
TA

RT
U
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PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS SO ORDERED.

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UNIT
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Case No. 11-cv-03058-JCS
Stip. & [Proposed] Order Regarding Briefing Schedule on Motion to Dismiss

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

3 concurrence in the filing of the document has been obtained from all of the signatories.
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5 Dated: December 20, 2011
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KESSLER TOPAZ
MELTZER & CHECK, LLP
By: Edward W. Ciolko
Edward W. Ciolko

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Case No. 11-cv-03058-JCS
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CERTIFICATE OF SERVICE
I hereby certify that on December 20, 2011, I electronically filed the foregoing with the

3 Clerk of the Court using the CM/ECF system which will send notification of such filing to the e4 mail addresses of all counsel of record.
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Edward W. Ciolko
Edward W. Ciolko

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Case No. 11-cv-03058-JCS
Stip. & [Proposed] Order Regarding Briefing Schedule on Motion to Dismiss