Clements v. JP Morgan Chase Bank, N.A.

Filing 20

STIPULATION AND ORDER TO SET TIME TO RESPOND TO COMPLAINT. Signed by Judge Joseph C. Spero on 5/23/12. (klhS, COURT STAFF) (Filed on 5/23/2012)

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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 Marjory Gentry (SBN 240887) marjory.gentry@bingham.com Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: 415.393.2000 Facsimile: 415.393.2286 HAGENS BERMAN SOBOL SHAPIRO LLP Shana E. Scarlett (SBN 217895) shanas@hbsslaw.com 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: 510.725.3000 Facsimile: 510.725.3001 Attorneys for Defendant JPMorgan Chase Bank, N.A. 8 HAGENS BERMAN SOBOL SHAPIRO LLP Steve W. Berman, pro hac vice steve@hbsslaw.com Thomas E. Loeser (SBN 202724) toml@hbsslaw.com 1918 Eighth Avenue, Suite 330 Seattle, WA 981010 Telephone: 206.623.7292 Facsimile: 206.623.0594 9 10 11 12 13 LAW OFFICE OF PETER FREDMAN Peter B. Fredman (SBN 189097) peter@peterfredmanlaw.com 125 University Ave., Suite 102 Berkley, CA 94710 Telephone: 510.868.2626 Facsimile: 510.868.2627 14 15 16 17 Attorneys for Plaintiff Shelly A. Clements 18 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 SAN FRANCISCO DIVISION 22 23 SHELLY A. CLEMENTS, on behalf of herself and all others similarly situated, 24 Plaintiff, 25 26 27 v. No. C 12-02179 JCS JOINT STIPULATION AND [PROPOSED] ORDER TO SET TIME TO RESPOND TO COMPLAINT JPMORGAN CHASE BANK, N.A., Defendant. 28 Case No. C 12-02179 JCS JOINT STIPULATION AND [PROPOSED] ORDER TO SET TIME TO RESPOND TO COMPLAINT, NO. CV-12-02179-JCS 1 Defendant JPMorgan Chase Bank, N.A. (“Chase” or “Defendant”) and Plaintiff Shelly A. 2 Clements (“Plaintiff”) (together with Defendant, the “Parties”) respectfully submit the following 3 Joint Stipulation and [Proposed] Order to Set Time to Respond to Complaint. 4 WHEREAS, Plaintiff filed her Complaint on May 1, 2012, ECF No. 1; 5 WHEREAS, Defendant was served with the Complaint on May 2, 2012, and therefore 6 7 absent an extension, Defendant’s reply to the Complaint will be due on May 23, 2012; WHEREAS, on May 4, 2012, Plaintiff provided notice that she had filed an 8 Administrative Motion to Consider Whether Cases Should be Related (“Motion to Relate”) in 9 McNeary-Calloway v. JP Morgan Chase Bank, N.A., et al., No. CV 11-03058 JCS (“McNeary- 10 Calloway Action”), pending in the United States District Court for the Northern District of 11 California, ECF No. 9; 12 WHEREAS, on May 11, 2012, plaintiffs in the McNeary-Calloway Action filed a 13 Response to Administrative Motion to Consider Whether Cases Should be Related and stated 14 that they did not oppose relating the cases, ECF No. 69 in McNeary-Calloway Action; 15 16 WHEREAS, the Court has just granted the Motion to Relate cases and thereby vacated all dates on calendar in the Action; 17 WHEREAS, no prior extensions have been requested or granted in this case; 18 WHEREAS, the Parties have met and conferred regarding the time for Defendant to 19 respond to the Complaint and a proposed briefing schedule, and have agreed that an extension of 20 time to respond and the following briefing schedule is appropriate; and, 21 WHEREAS, the Parties accordingly stipulate and agree that Defendant’s response date 22 should be extended to July 13, 2012. The Parties further stipulate and agree that in the event that 23 Defendant’s response consists of a motion to dismiss, Plaintiff’s opposition to the motion to 24 dismiss will be due 30 days after the filing of the motion (August 14, 2012), and Defendant’s 25 reply in support of the motion to dismiss will be due 20 days after the filing of Plaintiff’s 26 opposition (September 3, 2012). The Parties further respectfully request that the hearing on 27 Defendant’s motion to dismiss, if any, be set approximately two weeks after the completion of 28 the briefing of the motion. 2 JOINT STIPULATION AND [PROPOSED] ORDER TO SET TIME TO RESPOND TO COMPLAINT, NO. CV-12-02179-JCS Case No. C 12-02179 JCS 1 2 IT IS HEREBY STIPULATED AND AGREED, AND RESPECTFULLY REQUESTED, AS FOLLOWS: 3 Defendant shall have until July 13, 2012 to respond to the Complaint. In the event that 4 Defendant files a motion to dismiss the Complaint as its response, Plaintiff’s opposition papers 5 will be due on August 14, 2012 and Defendant’s reply papers will be due on September 3, 2012. 6 The Parties further respectfully request that the hearing on Defendant’s motion to dismiss, if any, 7 shall be set on September 21, 2012 at 9:30 a.m. or as soon thereafter as is convenient for the 8 Court. 9 DATED: May 21, 2012 10 Bingham McCutchen LLP 11 By: 12 /s/ Zachary J. Alinder Zachary J. Alinder Attorneys for Defendant JP Morgan Chase Bank, N.A. 13 14 15 DATED: May 21, 2012 HAGENS BERMAN SOBOL SHAPIRO LLP 16 17 By: 18 /s/Thomas Loeser Thomas Loeser Attorneys for Plaintiff Shelly A. Clements 19 20 21 FILER’S ATTESTATION 22 23 24 25 Pursuant to General Order No. 45, § X(B), I, Zachary J. Alinder, attest under penalty of perjury that concurrence in the filing of the document has been obtained from all the signatories. Dated: May 21, 2012 ___ /s/ Zachary J. Alinder____________ Zachary J. Alinder 26 27 28 3 JOINT STIPULATION AND [PROPOSED] ORDER TO SET TIME TO RESPOND TO COMPLAINT, NO. CV-12-02179-JCS Case No. C 12-02179 JCS seph C. H E R NIA Judge Jo Spero FO May 23, 2012 Dated: _____________________ RT 6 NO 4 LI UNIT ED 3 5 RT U O 2 ISTRIC ES D TC AT T A PURSUANT TO STIPULATION, IT IS SO ORDERED S 1 C RN JOSEPH C. SPERO F D IS T IC T O United States Magistrate R Judge 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 TO SET TIME TO RESPOND TO COMPLAINT, NO. CV-12-02179-JCS Case No. C 12-02179 JCS

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