Boessenecker et al v. JPMorgan Chase Bank

Filing 51

STIPULATION AND ORDER TO CONTINUE HEARING DATE AND DEADLINE TO OPPOSE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT. Signed by Judge Maxine M. Chesney on June 17, 2014. (mmclc2, COURT STAFF) (Filed on 6/17/2014)

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PHILIP A. MCLEOD, CASB No. 101101
[e-mail]
JESSICA LUHRS, CASB No. 284846
[e-mail]
KEESAL, YOUNG & LOGAN
A Professional Corporation
450 Pacific Avenue
San Francisco, California 94133
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.

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Tiffany R. Norman, CASB No. 239873
TRN LAW ASSOCIATES
654 Sacramento Street, Second Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
(415) 76205490
Attorney for Plaintiffs
JOSEPH and LINDA BOESSENECKER

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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JOSEPH and LINDA BOESSENECKER,

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Plaintiffs,
vs.
JPMORGAN CHASE BANK, N.A.,
Defendant.

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Case No. C 13 0491 MMC
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE HEARING DATE AND
DEADLINE TO OPPOSE MOTION FOR
LEAVE TO FILE THIRD AMENDED
COMPLAINT
Date:
Time:
Place:

June 27, 2014
9:00 a.m.
Courtroom 7

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Plaintiffs JOSEPH and LINDA BOESSENECKER (“Plaintiffs”) and Defendants

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JPMORGAN CHASE BANK, N.A. (“Chase”) (collectively, the “Parties”), by and through their

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counsel of record, hereby stipulate and agree as follows:

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WHEREAS, Plaintiffs filed a Motion for Leave to File a Third Amended Complaint
-1KYL_SF643881
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE AND DEADLINE
TO OPPOSE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT - Case No. C 13
0491 MMC

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(the “Motion”) on June 4, 2014, and the Motion hearing date is currently scheduled for June 27, 2014

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at 9:00 a.m. in Courtroom 7 of the above-entitled Court, Judge Maxine M. Chesney presiding;

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WHEREAS, Plaintiffs did not provide Chase with sufficient notice of the Motion
hearing date pursuant to Local Rule 7-2.

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WHEREAS, Chase’s deadline to file an Opposition to the Motion is currently June 17,
2014;

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WHEREAS, Plaintiffs’ deadline to file a Reply in support of the Motion is currently
June 24, 2014; and

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WHEREAS, the Parties are currently engaged in settlement discussions and therefore

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wish to continue the above deadlines, in the interest of judicial economy and to facilitate settlement

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discussions;

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NOW THEREFORE, the Parties stipulate and agree as follows:

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The Parties request that the hearing on the Motion be continued to August 1, 2014, with

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Chase’s Opposition due on July 18, 2014, and Plaintiffs’ Reply due on July 25, 2014.
IT IS SO STIPULATED.

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DATED: June 16, 2014

/s/ Jessica Luhrs _________________________
PHILIP A. MCLEOD
JESSICA LUHRS
KEESAL, YOUNG & LOGAN
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.

DATED: June 16, 2014

/s/ Tiffany Norman_________________________
TIFFANY NORMAN
TRN LAW ASSOCIATES
Attorney for Plaintiffs
JOSEPH and LINDA BOESSENECKER

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I, Jessica Luhrs attest that concurrence in the filing of this document has been obtained from
each of the signatories. I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
-2KYL_SF643881
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE AND DEADLINE
TO OPPOSE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT - Case No. C 13
0491 MMC

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[PROPOSED] ORDER

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Pursuant to the stipulation of the Parties and good cause appearing, it is hereby

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ORDERED that:

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1.

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Complaint shall be continued to _____________________, 2014 at _______________;
August 8
9:00 a.m.

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2.

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Chase’s Opposition to Plaintiffs’ Motion for Leave to File a Third Amended

Complaint shall be due on _____________________, 2014; and
July 18

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The hearing on Plaintiffs’ Motion for Leave to File a Third Amended

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Plaintiffs’ Reply in support of their Motion for Leave to File a Third Amended

Complaint shall be due on ____________________, 2014.
July 25

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IT IS SO ORDERED.

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DATED:

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June 17, 2014

________________________________________
THE HONORABLE MAXINE M. CHESNEY
UNITED STATES DISTRICT COURT JUDGE

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The hearing date selected by the parties, August 1, 2014, is one week after the date they selected
for the reply and, consequently, is not in compliance with the Civil Local Rules of this District, which
contemplate a period of at least 14 days between the filing of a reply and the hearing date. See
Civil L.R. 7-2(a) (providing motion must be noticed for hearing "not less than 35 days after service
of the motion"); Civil L.R. 7-3(a)-(c) (requiring opposition to be filed "not more than 14 days after
the motion was filed" and reply to be filed "not more than 7 days after the opposition was due").
-3KYL_SF643881
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE AND DEADLINE
TO OPPOSE MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT - Case No. C 13
0491 MMC