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

Filing 65

STIPULATION AND ORDER TO STAY CASE PENDING MEDIATION AND TO SET TIME TO RESPOND TO COMPLAINT. Case stayed pending the parties' mediation. Parties' shall engage in mediatiion within 60 day of entry of this Order. Signed by Judge Joseph C. Spero on 5/3/12. (klhS, COURT STAFF) (Filed on 5/3/2012)

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1 2 3 4 5 6 7 BINGHAM MCCUTCHEN LLP Peter Obstler (SBN 171623) peter.obstler@bingham.com Zachary J. Alinder (SBN 209009) zachary.alinder@bingham.com Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: 415.393.2000 Facsimile: 415.393.2286 KESSLER TOPAZ MELTZER & CHECK, LLP Joseph H. Meltzer Edward W. Ciolko Terence S. Ziegler 280 King of Prussia Road Radnor, PA 19087 Telephone: 610.667.7706 Facsimile: 610.667.7056 Attorneys for Defendants JPMorgan Chase Bank, N.A. and Chase Bank USA, N.A. Attorneys for Plaintiffs Patricia McNeary-Calloway, Colin MacKinnon, Terrie MacKinnon, Andrea North, and Sheila M. Mayko [Additional counsel listed on signature page] 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 15 16 17 18 19 PATRICIA MCNEARY-CALLOWAY, COLIN MACKINNON, TERRIE MACKINNON, ANDREA NORTH, and SHEILA M. MAYKO, individually and on behalf of all others similarly situated, Plaintiffs, v. Case No. C 11-03058 JCS JOINT STIPULATION AND [PROPOSED] ORDER TO STAY CASE PENDING MEDIATION AND TO SET TIME TO RESPOND TO COMPLAINT JPMORGAN CHASE BANK, N.A. and CHASE BANK USA, N.A., Defendants. 20 21 22 23 24 25 26 27 28 Case No. C 11-03058 JCS JOINT STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION AND TIME TO RESPOND TO COMPLAINT 1 Defendants JPMorgan Chase Bank, N.A. and Chase Bank USA, N.A. (“Chase” or 2 “Defendants”) and Plaintiffs Patricia McNeary-Calloway, Colin MacKinnon, Terrie MacKinnon, 3 Andrea North, and Sheila M. Mayko (“Plaintiffs”) (together with Defendants, the “Parties”) 4 respectfully submit the following Joint Stipulation to Stay the Case Pending Mediation and Set 5 Time to Respond to Complaint. WHEREAS, the Court issued an order granting in part and denying in part Defendants’ 6 7 Motion to Dismiss Plaintiffs’ First Amended Complaint on March 26, 2012 (the “March 26, 8 2012 Order”), ECF No. 62; WHEREAS, pursuant to the Court’s March 26, 2012 Order, Plaintiffs had 30 days to file 9 10 an amended complaint, but have decided to stand on their First Amended Complaint, as modified 11 by the March 26, 2012 Order; WHEREAS, the Parties have met and conferred regarding potential mediation of the 12 13 dispute and an appropriate time for Defendants to respond to the operative Complaint; WHEREAS, after conferring in good faith, the Parties have agreed, subject to court 14 15 approval, that mediation prior to the further expenditure of additional time and resources of the 16 Parties and the Court would be helpful in attempting to reach an early resolution of the Action; 17 and, WHEREAS, the Parties accordingly stipulate and agree that the case should be stayed 18 19 pending private mediation, which the Parties agree will begin within 60 days of the date of entry 20 of this Order, and that Defendants’ response date should be extended to 30 days following the 21 termination of the mediation. Either Party or the selected private mediator may declare the 22 mediation terminated by written correspondence of such declaration to the mediator and other 23 Party. 24 25 26 IT IS HEREBY STIPULATED AND AGREED, AND RESPECTFULLY REQUESTED, AS FOLLOWS: The case shall be stayed pending the Parties’ mediation. The Parties shall engage in 27 mediation within 60 days of entry of this Order, or as otherwise set by the Court, in front of a 28 mutually-acceptable mediator. If any Party and/or the selected mediator informs the Court that 1 Case No. C 11-03058 JCS JOINT STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION AND TIME TO RESPOND TO COMPLAINT 1 the mediation was unsuccessful and terminated, Defendants shall respond to Plaintiffs’ First 2 Amended Complaint, as modified by the March 12, 2012 Order, within 30 days after the filing of 3 such a termination notice with the Court. 4 IT IS SO STIPULATED. 5 DATED: May 2, 2012 6 Respectfully submitted, Bingham McCutchen LLP 7 By: 8 /s/ Zachary J. Alinder Peter Obstler Zachary J. Alinder Attorneys for Defendants JPMorgan Chase Bank, N.A. and Chase Bank USA, N.A. 9 10 11 DATED: May 2, 2012 12 13 By: /s/ Edward W. Ciolko Edward W. Ciolko Terence S. Ziegler Donna Siegel Moffa Amanda R. Trask Ramzi Abadou KESSLER TOPAZ MELTZER & CHECK, LLP 14 15 16 17 18 Jeffrey J. Angelovich Michael B. Angelovich Brad E. Seidel NIX PATTERSON & ROACH, LLP 19 20 James P. Gitkin Eric T. Salpeter SALPETER GITKIN, LLP 21 22 23 Brian D. Penny GOLDMAN SCARLATO KARON & PENNY, P.C. 24 25 26 27 Attorneys for Plaintiffs PATRICIA McNEARY-CALLOWAY, COLIN MACKINNON, TERRIE MACKINNON, ANDREA NORTH and SHEILA M. MAYKO 28 2 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION AND TIME TO RESPOND TO COMPLAINT Case No. C 11-03058 JCS PURSUANT TO STIPULATION, IT IS SO ORDERED ER H 5/3/12 Dated: _______________ Spero LI RT 5 Judge Jo R NIA seph C. NO 4 FO S UNIT ED 3 6 S DISTRICT TE C TA RT U O 2 A 1 N F D IS T IC T O R C Honorable Joseph C. Spero United States District Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION AND TIME TO RESPOND TO COMPLAINT Case No. C 11-03058 JCS FILER’S ATTESTATION 1 2 Pursuant to General Order No. 45, § X(B), I, Zachary J. Alinder, attest under penalty of 3 perjury that concurrence in the filing of the document has been obtained from all of the 4 signatories. 5 Dated: May 2, 2012 /s/ Zachary J. Alinder Zachary J. Alinder 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING MEDIATION AND TIME TO RESPOND TO COMPLAINT Case No. C 11-03058 JCS

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