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)

1
2
3
4
5
6
7

BINGHAM MCCUTCHEN LLP
Peter Obstler (SBN 171623)
[e-mail]
Zachary J. Alinder (SBN 209009)
[e-mail]
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
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: [phone]
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