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

Filing 23

ORDER GRANTING re 22 STIPULATION WITH PROPOSED ORDER Joint Stipulation and [Proposed] Order to Stay Case Pending Mediation and to Set Time to Respond to Motion to Dismiss filed by JP Morgan Chase Bank, N.A. The case management conference set for 8/31/12 at 1:30 PM shall remain on calendar as scheduled. Signed, as modified, by Judge Joseph C. Spero on 7/9/12. (klhS, COURT STAFF) (Filed on 7/9/2012)

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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

HAGENS BERMAN SOBOL SHAPIRO LLP
Shana E. Scarlett (SBN 217895)
[e-mail]
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: [phone]
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
[e-mail]
Thomas E. Loeser (SBN 202724)
[e-mail]
1918 Eighth Avenue, Suite 330
Seattle, WA 981010
Telephone: [phone]
Facsimile: 206.623.0594

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LAW OFFICE OF PETER FREDMAN
Peter B. Fredman (SBN 189097)
[e-mail]
125 University Ave., Suite 102
Berkeley, CA 94710
Telephone: [phone]
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,
Plaintiff,
v.
JPMORGAN CHASE BANK, N.A.,

Case No. C 12-02179 JCS
JOINT STIPULATION AND
[PROPOSED] ORDER TO STAY
CASE PENDING MEDIATION AND
TO SET TIME TO RESPOND TO
MOTION TO DISMISS

Defendant.

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Case No. C 12-02179 JCS

JOINT STIPULATION AND [PROPOSED] ORDER TO STAY CASE PENDING MEDIATION AND TO SET TIME TO
RESPOND TO MOTION TO DISMISS, NO. C 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 to Stay the Case Pending Mediation and Set Time to Respond to Motion to

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Dismiss.

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WHEREAS, on May 23, 2012, the Court issued an order setting the schedule for Chase to
respond to Plaintiff’s Complaint (the “May 23, 2012 Order”), ECF No. 20;

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WHEREAS, pursuant to the Court’s May 23, 2012 Order, Plaintiff’s opposition to

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Chase’s motion to dismiss is currently due August 14, 2012 and Chase’s reply in support of its

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motion to dismiss is currently due September 3, 2012;

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WHEREAS, the Parties have met and conferred and agreed to participate in mediation of
the dispute beginning on July 5, 2012 before David Geronemus;

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WHEREAS, the Parties have further agreed that subsequent mediation sessions will

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occur on August 23 and August 24, 2012, and that the mediation will continue until either Party

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or the mediator declares the mediation terminated by written correspondence;

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WHEREAS, after conferring in good faith, the Parties have agreed, subject to court

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approval, that mediation prior to the further expenditure of additional time and resources of the

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Parties and the Court would be helpful in attempting to reach an early resolution of the Action;

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and,

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WHEREAS, the Parties accordingly stipulate and agree that the case should be stayed

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pending private mediation, which will begin on July 5, 2012, that Plaintiff’s opposition to

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Chase’s motion to dismiss will be due 30 days after the termination of the mediation, and that

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Chase’s reply in support of its motion to dismiss will be due 20 days after Plaintiff’s filing of her

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opposition.

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IT IS HEREBY STIPULATED AND AGREED, AND RESPECTFULLY
REQUESTED AS FOLLOWS:
The case shall be stayed pending the Parties’ mediation. Parties shall engage in

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mediation beginning on July 5, 2012 in front of David Geronemus, with subsequent sessions

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planned on August 23-24, 2012. If any Party and/or the selected mediator informs the Court that
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Case No. C 12-02179 JCS

JOINT STIPULATION AND [PROPOSED] ORDER TO STAY CASE PENDING MEDIATION AND TO SET TIME TO
RESPOND TO MOTION TO DISMISS, NO. C 12-02179 JCS

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the mediation was unsuccessful and terminated, Plaintiff shall file her opposition to Chase’s

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motion to dismiss within 30 days after the filing of such a termination notice with the Court and

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Chase will fill its reply in support of the motion to dismiss within 20 days after Plaintiff’s filing

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of her opposition.

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IT IS SO STIPULATED.

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DATED: July 2, 2012

Bingham McCutchen LLP

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By:

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/s/ Zachary J. Alinder
Peter Obstler
Zachary J. Alinder
Attorneys for Defendant
JPMorgan Chase Bank, N.A.

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DATED: July 2, 2012

LAW OFFICE OF PETER FREDMAN

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By:

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/s/ Peter Fredman
Peter Fredman
Attorneys for Plaintiff
Shelly A. Clements

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S

July 9, 2012
Dated: _______________

. Spero
Joseph C

NO

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ERED
O ORD D
IT IS S
IFIE
D
AS MO

R NIA

UNIT
ED

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RT
U
O

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ISTRIC
ES D
TC
AT
T

Honorable Judge
Joseph C. Spero
United States District Magistrate Judge
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RT

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H

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FO

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LI

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PURSUANT TO STIPULATION, IT IS SO ORDERED . IT IS HEREBY FURTHER
ORDERED THAT the Case Management Conference set for 8/31/12 at 1:30 PM shall
remain on calendar as scheduled.

RN

A

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F
D IS T IC T O
R

C

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Case No. C 12-02179 JCS

JOINT STIPULATION AND [PROPOSED] ORDER TO STAY CASE PENDING MEDIATION AND TO SET TIME TO
RESPOND TO MOTION TO DISMISS, NO. C 12-02179 JCS

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FILER’S ATTESTATION
Pursuant to General Order No. 45, § X(B), I, Zachary J. Alinder, attest under penalty of

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perjury that concurrence in the filing of the document has been obtained from all of the

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signatories.

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Dated: July 2, 2012

/s/ Zachary J. Alinder
Zachary J. Alinder

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Case No. C 12-02179 JCS

JOINT STIPULATION AND [PROPOSED] ORDER TO STAY CASE PENDING MEDIATION AND TO SET TIME TO
RESPOND TO MOTION TO DISMISS, NO. C 12-02179 JCS