Marsh et al v. Zaazoom Solutions, LLC et al

Filing 44

STIPULATION AND ORDER RE 43 TO SET TIME OF FIRST BANK OF DELAWARE TO RESPOND TO SECOND AMENDED COMPLAINT. Signed by Judge Richard Seeborg on 11/30/11. (cl, COURT STAFF) (Filed on 11/30/2011)

*E-Filed 11/30/11*
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PAUL J. HALL (SBN 066084)
[e-mail]
ISABELLE L. ORD (SBN 198224)
[e-mail]
ALEC CIERNY (SBN 275230)
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
FIRST BANK OF DELAWARE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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AMBER KRISTI MARSH and STACIE EVANS,
individually and on behalf of a class of similarly situated
persons,

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Plaintiffs,
v.

CASE NO. 3:11-cv-05226-RS
STIPULATION AND
[PROPOSED] ORDER TO SET
TIME OF FIRST BANK OF
DELAWARE TO RESPOND
TO SECOND AMENDED
COMPLAINT

ZAAZOOM SOLUTIONS, LLC, a Delaware Limited
Liability Company, ZAZA PAY LLC, a Delaware
Limited Liability Company dba Discount Web Member
Sites, LLC, Unlimited Local Savings, LLC, Web
Discount Club, Web Credit Rpt. Co., MegaOnlineClub,
LLC, and RaiseMoneyForAnything; MULTIECOM,
LLC, a Colorado Limited Liability Company dba Online
Discount Membership, Web Discount Company, and
Liberty Discount Club; ONLINE RESOURCE
CENTER, LLC, a Delaware Limited Liability Company
dba Web Coupon Site, USave Coupon, and UClip; MOE
TASSOUDJI, an individual, BILL CUEVAS, an
individual, FIRST BANK OF DELAWARE, a
Delaware Corporation, FIRST NATIONAL BANK OF
CENTRAL TEXAS, a Texas Corporation; SUNFIRST
BANK, a Utah Corporation; JACK HENRY &
ASSOCIATES, INC., a Delaware Corporation dba
ProfitStars; AUTOMATED ELECTRONIC
CHECKING, INC., a Nevada Corporation; DATA
PROCESSING SYSTEMS, LLC, a Delaware Limited
Liability Company and DOES 1-10, inclusive,

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Defendants.

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DLA P IPER LLP (US)
SAN FRANCISCO

-1WEST\225399550.1

STIP AND [PROPOSED] ORDER RE FIRST BANK OF DELAWARE TO RESPOND
TO SECOND AMENDED COMPLAINT [CASE NO. 3:11-CV-05226-RS]

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STIPULATION AND [PROPOSED] ORDER

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TO THIS HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF
RECORD:
It is hereby stipulated, by and between plaintiffs Amber Kristi Marsh and Stacie Evans

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(“Plaintiffs”) and defendant First Bank of Delaware, by and through their respective attorneys of

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record, that, subject to the approval of this Court, the time of First Bank of Delaware to respond

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to the Second Amended Complaint is extended to and includes December 9, 2011. This

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Stipulation is based upon the facts:

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1. This case previously was pending in the Superior Court of California, County of San

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Francisco. During that time, defendant First Bank of Delaware was served with the Second

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Amended Complaint on September 26, 2011.

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2. This case was removed to this Court on October 26, 2011 by another defendant.

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3. Due to inadvertent clerical oversight and the inadvertent failure of internal procedures

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for docketing the service of a summons and complaint, First Bank of Delaware did not docket this

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case when it was served. The service of the summons and complaint and the existence of the

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Second Amended Complaint was not known to senior management of First Bank of Delaware

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until November 9, 2011.

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5. Subject to the approval of this Court, Plaintiffs and First Bank of Delaware agree that

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First Bank of Delaware may have an extension of time, to and including December 9, 2011,

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within which to respond to Plaintiffs’ Second Amended Complaint.

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6. Defendant First Bank of Delaware reserves its right to assert any and all defenses to

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Plaintiffs’ Second Amended Complaint in its response thereto, including but not limited to

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objections to jurisdiction, and the filing of this Stipulation is without prejudice to the right to

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assert any and all such defenses.

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DLA P IPER LLP (US)
SAN FRANCISCO

-2WEST\225399550.1

STIP AND [PROPOSED] ORDER RE FIRST BANK OF DELAWARE TO RESPOND
TO SECOND AMENDED COMPLAINT [CASE NO. 3:11-CV-05226-RS]

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Dated: November 18, 2011

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By: /s/ Paul J. Hall
PAUL J. HALL
Attorneys for Defendant
FIRST BANK OF DELAWARE

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DLA PIPER LLP (US)

Dated: November 18, 2011

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KROENENBERGER ROSENFELD LLP
By: /s/ Jeffrey M. Rosenfeld
JEFFREY M. ROSENFELD
KARL S. KRONENBERGER
Attorneys for Plaintiffs
AMBER KRISTI MARSH and STACIE
EVANS

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I, Paul J. Hall, am the ECF user whose ID and password are being used to file this

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STIPULATION AND [PROPOSED] ORDER TO SET TIME OF FIRST BANK OF

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DELAWARE TO RESPOND TO SECOND AMENDED COMPLAINT. In compliance with

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General Order 45, X.B., I hereby attest that Jeffrey M. Rosenfeld has concurred in this filing.

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DLA P IPER LLP (US)
SAN FRANCISCO

-3WEST\225399550.1

STIP AND [PROPOSED] ORDER RE FIRST BANK OF DELAWARE TO RESPOND
TO SECOND AMENDED COMPLAINT [CASE NO. 3:11-CV-05226-RS]

[PROPOSED] ORDER

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Based on the foregoing stipulation of the Plaintiffs and Defendant First Bank of Delaware,
and good cause appearing therefor,
IT IS HEREBY ORDERED that Defendant First Bank of Delaware shall have an

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extension of time, to and including December 9, 2011, within which to respond to the Second

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Amended Complaint.

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Dated: November__, 2011.

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Honorable Richard Seeborg
United States District Judge

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DLA P IPER LLP (US)
SAN FRANCISCO

-4WEST\225399550.1

STIP AND [PROPOSED] ORDER RE FIRST BANK OF DELAWARE TO RESPOND
TO SECOND AMENDED COMPLAINT [CASE NO. 3:11-CV-05226-RS]