De Sausa et al v. HSBC Bank U.S.A, N.A. et al

Filing 19

STIPULATION AND ORDER to Stay Proceedings and to Continue The Initial Case Management Conference Hearing re 18 : Case Management Statement due by 8/5/2013. Initial Case Management Conference set for 8/12/2013 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 04/16/2013. (tmi, COURT STAFF) (Filed on 4/17/2013)

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(Counsel listed on following page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FERNANDO DE SAUSA and JESSICA
SHUM on behalf of themselves, in the interest
of the general public and as a Private Attorney
General,

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STIPULATION AND [PROPOSED]
ORDER TO STAY PROCEEDINGS AND
TO CONTINUE THE INITIAL
CASE MANAGEMENT CONFERENCE
HEARING

Plaintiffs,

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CASE NO. CV12-05081

vs.
HSBC BANK U.S.A., N.A.; HSBC USA,
INC.; and HSBC NORTH AMERICA
HOLDINGS, INC.,
Defendants.

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Case No. CV12-05081

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STIPULATION AND PROPOSED ORDER
TO STAY PROCEEDINGS AND TO
CONTINUE INITIAL CASE MANAGEMENT

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TOMAS E. MARGAIN (SB# 193555)
CASA LEGAL
84 W. Santa Clara St., Ste. 790
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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RICHARD C. J. WAHNG (SB# 225672)
LAW OFFICES OF RICHARD WAHNG
152 Anza Street, Suite 201
Fremont, CA 94539
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiffs
FERNANDO DE SAUSA and JESSICA SHUM

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E. JEFFREY GRUBE (SB# 167324)
PAUL HASTINGS LLP
55 Second Street, 24th Floor
San Francisco, California 94105-3441
Telephone: [phone]
Facsimile: 1(415) 856-7100
[e-mail]
STEPHEN P. SONNENBERG (SB# 164881)
EMILY R. PIDOT (SB# 233241)
75 East 55th Street
New York, New York 10022
Telephone: [phone]
Facsimile: 1(212) 319-4090
[e-mail]
[e-mail]
Attorneys for Defendants
HSBC BANK U.S.A., N.A., HSBC USA, INC., and HSBC
NORTH AMERICA HOLDINGS, INC.

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Case No. CV12-05081

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STIPULATION AND PROPOSED ORDER
TO STAY PROCEEDINGS AND TO
CONTINUE INITIAL CASE MANAGEMENT

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The parties to this litigation, by and through their respective attorneys of record, hereby

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submit this stipulation and [proposed] order to stay all proceedings in this action for ninety (90)

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days, and to continue the Initial Case Management Conference which is currently scheduled to be

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held on May 6, 2013, at 1:30 p.m., to a date to be scheduled at the Court’s convenience no earlier

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than August 6, 2013 for the reasons set forth below.

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WHEREAS, the Initial Case Management Conference in this action currently is scheduled
for May 6, 2013, at 1:30 p.m.;

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WHEREAS, as is further detailed in the accompanying Declaration of Stephen P.

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Sonnenberg, the parties have stipulated to stay all proceedings in this matter for ninety (90) days

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to provide time for notice of settlement of a class and collective action lawsuit currently pending

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before the United States District Court for the Southern District of New York involving the same

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claims pled in this action to be sent, so that the putative members of this action may be given the

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opportunity to participate in or opt out of the settlement before this action proceeds;

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WHEREAS, the parties so stipulate in the interest of efficient litigation, conservation of

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the Court’s resources, and in order to avoid confusion on the part of putative class and collective

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action members arising from overlapping litigation;

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WHEREAS, counsel for both parties are available to appear for an Initial Case
Management Conference hearing on August 12, 2013 at 1:30 p.m.;
Accordingly, the parties to this matter, by and through their respective attorneys of record,

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hereby stipulate to and jointly request that the Court stay all proceedings in this action for ninety

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(90) days, and that the Initial Case Management Conference be continued to August 12, 2013, at

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1:30 p.m.

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SO STIPULATED.

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Case No. CV12-05081

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STIPULATION AND PROPOSED ORDER
TO STAY PROCEEDINGS AND TO
CONTINUE INITIAL CASE MANAGEMENT

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DATED: April 16, 2013

TOMAS E. MARGAIN
CASA LEGAL

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By:

/s/
TOMAS E. MARGAIN

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Attorneys for Plaintiffs
FERNANDO DE SAUSA and JESSICA SHUM

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DATED: April 16, 2013

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E. JEFFREY GRUBE
PAUL HASTINGS LLP
By:

/s/
E. JEFFREY GRUBE
Attorneys for Defendants
HSBC BANK U.S.A., N.A., HSBC USA, INC., and
HSBC NORTH AMERICA HOLDINGS, INC.

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Case No. CV12-05081

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STIPULATION AND PROPOSED ORDER
TO STAY PROCEEDINGS AND TO
CONTINUE INITIAL CASE MANAGEMENT

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[Proposed] Order
Good cause appearing, all proceedings in this action shall be stayed for ninety (90) days

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from the date of this Order, and the Initial Case Management Conference shall be continued to

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August 12, 2013, at 1:30 p.m. The Initial Case Management Conference Statement shall be filed

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on or before August 5, 2013.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: 04/16/2013

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Judge T

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THELTON E. HENDERSON
UNITED STATES DISTRICT JUDGE

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UNIT
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Case No. CV12-05081

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STIPULATION AND PROPOSED ORDER
TO STAY PROCEEDINGS AND TO
CONTINUE INITIAL CASE MANAGEMENT