Somaya et al v. Bank of India

Filing 59

ORDER granting as modified 58 STIPULATION SETTING BRIEFING SCHEDULE ON MOTION FOR SUMMARY JUDGMENT AND CONTINUING TRIAL DATE. Motion due by 4/4/2014. Responses due by 4/18/2014. Motion Hearing set for 4/25/2014 10:00 AM in Courtroo m 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Pretrial Conference set for 7/1/2014 02:30 PM; Jury Selection/Jury Trial set for 7/7/2014 09:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 4/18/2014. (beS, COURT STAFF) (Filed on 3/20/2014)

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PILLSBURY WINTHROP SHAW PITTMAN LLP
MICHAEL J. KASS (148822)
ERICA N. TURCIOS (271655)
Four Embarcadero Center, 22nd Floor
Post Office Box 2824
San Francisco, CA 94126-2824
Telephone: [phone]
Facsimile No.: [phone]
Attorneys for Defendant
BANK OF INDIA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO

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ZARIKA SOMAYA,

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Plaintiff,

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vs.

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BANK OF INDIA,

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Defendant.

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Case No. C 12-04926 CRB
STIPULATION AND ORDER
SETTING BRIEFING SCHEDULE ON MOTION
FOR SUMMARY JUDGMENT AND
CONTINUING TRIAL DATE
Judge: Charles R. Breyer
Complaint Filed: July 30, 2012
Trial Date: May 12, 2014

WHEREAS Defendant Bank of India’s (“the Bank”) Motion for Summary

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Judgment, or, in the Alternative, Partial Summary Judgment (“Motion”) was heard on

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February 28, 2014;

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WHEREAS on March 5, 2014, this Court issued an order granting in part and
denying in part Defendant’s Motion (“Order”) (Dkt. 57); and
WHEREAS the Order denied without prejudice Defendant’s motion for partial

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summary judgment limiting Plaintiff’s damages to $179,080 plus prejudgment interest, and

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invited the Bank to re-file the Motion with evidence showing that an FCNR account did not

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404396179v1

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STIPULATION AND [PROPOSED] ORDER SETTING
BRIEFING SCHEDULE ON MOTION FOR SUMMARY
JUDGMENT AND CONTINUING TRIAL DATE
Case No. C 12-04926 CRB

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earn interest after maturity if it was not renewed by the account holder (Dkt. 57 at 17:19-

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22);

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WHEREAS the trial date in this matter is currently scheduled for May 12, 2014;

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WHEREAS the parties agree that the outcome of Defendant’s re-filed Motion, or

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any Motion for Reconsideration pertaining to the Order, may affect the issues to be tried;

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THE PARTIES HEREBY STIPULATE to the proposed dates listed below, or as

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soon thereafter as is convenient for the Court:

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Event

Existing Dates

Proposed New Dates

Deadline for filing Motion
for Summary Judgment or
Motion for Reconsideration

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April 4, 2014

Deadline for filing
Opposition to re-filed
Motion for Summary
Judgment or Motion for
Reconsideration

N/A

April 18, 2014

Hearing on re-filed Motion
for Summary Judgment or
Motion for Reconsideration

N/A

April 25, 2014

Trial

May 12, 2014

June

, 2014

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DATED: March 14, 2014

SHARTSIS FRIESE LLP

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By: /s/ Robert C. Friese
ROBERT C. FRIESE

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Attorneys for Plaintiff
ZARIKA SOMAYA

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DATED: March 14, 2014

PILLSBURY WINTHROP SHAW
PITTMAN LLP

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By: /s/ Michael J. Kass
MICHAEL J. KASS (SBN 148822)

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Attorneys for Defendant
BANK OF INDIA

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404396179v1

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STIPULATION AND [PROPOSED] ORDER SETTING
BRIEFING SCHEDULE ON MOTION FOR SUMMARY
JUDGMENT AND CONTINUING TRIAL DATE
Case No. C 12-04926 CRB

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ATTESTATION

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I HEREBY ATTEST THAT, PURSUANT TO Local Rule 5-1(i)(3) concurrence in

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the filing of the document has been obtained from the other Signatory for the conformed

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signature (“/s/”) within this electronically-filed document.

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DATED: March 14, 2014

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PILLSBURY WINTHROP SHAW
PITTMAN LLP

By: /s/ Michael J. Kass
MICHAEL J. KASS (SBN 148822)

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Attorneys for Defendant
BANK OF INDIA

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ORDER SETTING BRIEFING SCHEDULE ON MOTION FOR
SUMMARY JUDGMENT AND CONTINUING TRIAL DATE

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this matter are modified in accord with the dates set forth in the chart above.

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UNIT
ED

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S DISTRICT
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Dated:

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Hon. Charles R. Breyer
Judge of the United StatesRED Court
RDE District
Northern District of California
IS SO O IED
IT

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NO

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DIF

AS MO

RT

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. Breyer

arles R
udge Ch

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ER

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R NIA

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FO

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IT IS SO ORDERED.

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re-filed Motion for Summary Judgment or Motion for Reconsideration and the trial date in

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GOOD CAUSE THEREFORE APPEARING, the briefing schedule on Defendant's

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F
D IS T IC T O
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STIPULATION AND [PROPOSED] ORDER SETTING
BRIEFING SCHEDULE ON MOTION FOR SUMMARY
JUDGMENT AND CONTINUING TRIAL DATE
Case No. C 12-04926 CRB