Banks et al v. JPMorgan Chase Bank, N.A.

Filing 29

ORDER GRANTING AS MODIFIED 28 STIPULATION for Continuance of Motion Hearings. Motion Hearing set for 7/20/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 6/14/12. (jjoS, COURT STAFF) (Filed on 6/14/2012)

Case3:12-cv-01065-JSW Document28 Filed06/13/12 Page1 of 3

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BINGHAM MCCUTCHEN LLP
Peter Obstler (SBN 171623)
[e-mail]
Zachary J. Alinder (SBN 209009)
[e-mail]
Lucy Wang (SBN 257771)
[e-mail]
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286
Attorneys for Defendant
JPMorgan Chase Bank, N.A.

ARTHUR D. LEVY (SB # 95659)
LAW OFFICE OF ARTHUR D. LEVY
445 Bush Street, Sixth Floor
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
BRYAN KEMNITZER (SB # 66401)
JADE JURDI (SB # 273401)
KEMNITZER, BARRON & KRIEG, LLP
445 Bush Street, 6th Floor
San Francisco, California 94108
Telephone. [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
ELIZABETH S. LETCHER (SB # 172986)
NOAH ZINNER (SB #247581)
HOUSING AND ECONOMIC RIGHTS
ADVOCATES
PO Box 29435
Oakland, California 94604
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiffs
JARED BANKS and LANDON COWAN
Individually and on Behalf of
All Others Similarly Situated

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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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JARED BANKS and LANDON COWAN,
individually and on behalf of All Others
Similarly Situated,

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Plaintiffs,

No. C-12-01065 JSW
STIPULATED REQUEST AND
[PROPOSED] ORDER FOR ONEWEEK CONTINUANCE OF
MOTION HEARINGS AS MODIFIED

vs.
JP MORGAN CHASE BANK, N.A., a
national association; and DOES 1 through 20,
Defendants.

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Case No. C 12-01065 JSW
STIPULATED REQUEST AND [PROPOSED] ORDER FOR ONE-WEEK CONTINUANCE OF MOTION
HEARINGS

Case3:12-cv-01065-JSW Document28 Filed06/13/12 Page2 of 3

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Plaintiffs Jared Banks and Landon Cowan (“Plaintiffs”), on the one hand, and Defendant

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JPMorgan Chase Bank, N.A. (“Chase”), on the other, through their counsel of record, (together

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the “Parties”), pursuant to Civ. L.R. Rules 6-2 and 7-12, stipulate to, and respectfully request that

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the Court grant, their request to continue the hearing date for their motion to dismiss and motion

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for remand for one week.

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BACKGROUND FACTS

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WHEREAS pursuant to the Stipulation and Order RE: Motions Practice and Continuation

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of Case Management Conference entered by this Court on April 6, 2012 (see Dkt. No. 13), Chase

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and Plaintiffs filed motions to dismiss and for remand on April 13, 2012 and the Court set the

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hearing for those motions on July 6, 2012 at 9:00 a.m.;

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WHEREAS lead counsel for Chase has been ordered to mediation on behalf of Chase in

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another case currently pending in this Court (McNeary-Calloway, et al. v. JPMorgan Chase Bank,

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N.A., et al., 11-CV-3058 JCS);

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WHEREAS that mediation is currently scheduled to commence on July 5, 2012 in New
York City, New York;

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WHEREAS lead counsel for Chase in this case must be present for that mediation;

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WHEREAS lead counsel for Chase in this matter is currently scheduled to be in New

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York through July 6, 2012 as a result of the mediation in the McNeary matter;

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WHEREAS Chase has requested, and Plaintiffs have agreed to stipulate to, a one-week
continuance of the motion hearing date to accommodate the conflict described above;

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WHEREAS there has been one prior extension of the motion hearings in the Stipulation

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and Order (Dkt. No. 13) described above and the current requested continuance is only for one

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week and is not made for purposes of delay.

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STIPULATION

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Accordingly, the Parties stipulate to, and respectfully request that the Court grant, a one
week continuance of the hearings on Chase’s Motion to Dismiss and Plaintiffs’ Motion for

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Case No. C-12-01065 JSW
STIPULATED REQUEST AND [PROPOSED] ORDER FOR ONE-WEEK CONTINUANCE OF MOTION
HEARINGS

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Case3:12-cv-01065-JSW Document28 Filed06/13/12 Page3 of 3

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Remand, and thereby set both motions for hearing on July 13, 2012 at 9:00 a.m., or as soon

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thereafter as the Court may hear both motions.

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IT IS SO STIPULATED.

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BINGHAM McCUTCHEN LLP

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DATED: June 13, 2012

/s/ Peter Obstler
Peter Obstler
Attorney for Defendant
JPMORGAN CHASE BANK, N.A.

DATED: June 13, 2012

/s/ Arthur D. Levy
Arthur D. Levy
Attorney for Plaintiffs
JARED BANKS and LANDON COWAN

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Attestation

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Pursuant to Civil L.R. 5-4 and General Order 45 X(B), I, Peter Obstler, hereby attest that

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the concurrence of all signatories has been obtained.
/s/ Peter Obstler
Peter Obstler

DATED: June 13, 2012

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ORDER

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PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING THEREFOR,

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IT IS SO ORDERED. Chase’s Motion to Dismiss and Plaintiffs’ Motion for Remand shall now
July 20, 2012
be set for hearing on July 13, 2012 at 9:00 a.m.

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June 14, 2012
DATED: ______________
Hon. Jeffrey S. White
United States District Judge

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Case No. C-12-01065 JSW
STIPULATED REQUEST AND [PROPOSED] ORDER FOR ONE-WEEK CONTINUANCE OF MOTION
HEARINGS

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