Clements v. JP Morgan Chase Bank, N.A.
Filing
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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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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.
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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
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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
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Attorneys for Plaintiff
Shelly A. Clements
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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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SHELLY A. CLEMENTS, on behalf of herself
and all others similarly situated,
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Plaintiff,
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v.
No. C 12-02179 JCS
JOINT STIPULATION AND
[PROPOSED] ORDER TO SET TIME
TO RESPOND TO COMPLAINT
JPMORGAN CHASE BANK, N.A.,
Defendant.
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Case No. C 12-02179 JCS
JOINT STIPULATION AND [PROPOSED] ORDER TO SET TIME TO
RESPOND TO COMPLAINT, NO. CV-12-02179-JCS
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Defendant JPMorgan Chase Bank, N.A. (“Chase” or “Defendant”) and Plaintiff Shelly A.
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Clements (“Plaintiff”) (together with Defendant, the “Parties”) respectfully submit the following
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Joint Stipulation and [Proposed] Order to Set Time to Respond to Complaint.
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WHEREAS, Plaintiff filed her Complaint on May 1, 2012, ECF No. 1;
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WHEREAS, Defendant was served with the Complaint on May 2, 2012, and therefore
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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
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Administrative Motion to Consider Whether Cases Should be Related (“Motion to Relate”) in
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McNeary-Calloway v. JP Morgan Chase Bank, N.A., et al., No. CV 11-03058 JCS (“McNeary-
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Calloway Action”), pending in the United States District Court for the Northern District of
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California, ECF No. 9;
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WHEREAS, on May 11, 2012, plaintiffs in the McNeary-Calloway Action filed a
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Response to Administrative Motion to Consider Whether Cases Should be Related and stated
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that they did not oppose relating the cases, ECF No. 69 in McNeary-Calloway Action;
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WHEREAS, the Court has just granted the Motion to Relate cases and thereby vacated all
dates on calendar in the Action;
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WHEREAS, no prior extensions have been requested or granted in this case;
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WHEREAS, the Parties have met and conferred regarding the time for Defendant to
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respond to the Complaint and a proposed briefing schedule, and have agreed that an extension of
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time to respond and the following briefing schedule is appropriate; and,
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WHEREAS, the Parties accordingly stipulate and agree that Defendant’s response date
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should be extended to July 13, 2012. The Parties further stipulate and agree that in the event that
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Defendant’s response consists of a motion to dismiss, Plaintiff’s opposition to the motion to
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dismiss will be due 30 days after the filing of the motion (August 14, 2012), and Defendant’s
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reply in support of the motion to dismiss will be due 20 days after the filing of Plaintiff’s
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opposition (September 3, 2012). The Parties further respectfully request that the hearing on
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Defendant’s motion to dismiss, if any, be set approximately two weeks after the completion of
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the briefing of the motion.
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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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IT IS HEREBY STIPULATED AND AGREED, AND RESPECTFULLY
REQUESTED, AS FOLLOWS:
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Defendant shall have until July 13, 2012 to respond to the Complaint. In the event that
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Defendant files a motion to dismiss the Complaint as its response, Plaintiff’s opposition papers
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will be due on August 14, 2012 and Defendant’s reply papers will be due on September 3, 2012.
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The Parties further respectfully request that the hearing on Defendant’s motion to dismiss, if any,
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shall be set on September 21, 2012 at 9:30 a.m. or as soon thereafter as is convenient for the
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Court.
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DATED: May 21, 2012
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Bingham McCutchen LLP
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By:
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/s/ Zachary J. Alinder
Zachary J. Alinder
Attorneys for Defendant
JP Morgan Chase Bank, N.A.
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DATED: May 21, 2012
HAGENS BERMAN SOBOL SHAPIRO LLP
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By:
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/s/Thomas Loeser
Thomas Loeser
Attorneys for Plaintiff
Shelly A. Clements
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FILER’S ATTESTATION
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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
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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: _____________________
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PURSUANT TO STIPULATION, IT IS SO ORDERED
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C
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JOSEPH C. SPERO
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D IS T IC T O
United States Magistrate R
Judge
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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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