Davis v. Visa, Inc.

Filing 23

ORDER granting 21 STIPULATION (Joint Stipulation-Re: Consenting to Filing Second Amended Complaint and Continuing Initial Case Management Conference) filed by Visa, Inc.. SAC due by 3/6/2014. Case Management Statement due by 5/2/2014. Initial Case Management Conference reset for 5/9/2014 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 3/4/2014. (beS, COURT STAFF) (Filed on 3/4/2014)

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RICHARD B. GOETZ (S.B. #115666)
JACLYN A. BLANKENSHIP (S.B. #267524)
[e-mail]; [e-mail]
O’MELVENY & MYERS LLP
400 S. Hope Street
Los Angeles, CA 90071-2899
Telephone:
[phone]
Facsimile:
[phone]

CHARLES D. MARSHALL
[e-mail]
MARSHALL LAW FIRM
2121 N. California Blvd., Suite 290
Walnut Creek, CA 92596
Telephone:
[phone]
Facsimile:
[phone]

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Attorney for Plaintiff
RON DAVIS

MATTHEW D. POWERS (S.B. #212682)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
VISA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RON DAVIS, an individual, on behalf of
himself and all others similarly situated,

Case No. 13-cv-5125-CRB
JOINT STIPULATION AND ORDER RE:
CONSENTING TO FILING SECOND
AMENDED COMPLAINT AND
CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE

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Plaintiff,
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v.
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VISA, INC., a Delaware Corporation,

FAC Filed: December 16, 2013

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Defendant.
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Trial Date: None Set
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WHEREAS, Plaintiff filed and served his First Amended Complaint (“FAC”) in
the above-entitled action on December 16, 2013;
WHEREAS, the Parties agreed to a stipulated briefing schedule for Defendant’s
forthcoming motion to dismiss on January 14, 2014;
WHEREAS, Defendant filed and served a Motion to Dismiss Plaintiff’s FAC on
January 15, 2014 pursuant to that stipulated briefing schedule;

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WHEREAS, Plaintiff desires to file the attached amended complaint in light of

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Defendant’s Motion, which will supersede his FAC, and which removes certain causes of actions

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and supplements Plaintiff’s allegations contained in the FAC;

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WHEREAS, Plaintiff previously amended his complaint on December 16, 2013
and any further amendments require leave of the court or consent from Defendant;

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WHEREAS, Defendant consents to Plaintiff filing the proposed second amended
complaint attached hereto as Exhibit A;

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WHEREAS, Defendant reserves all rights to move to dismiss one or more of the
asserted claims or to otherwise challenge the sufficiency of the allegations in the proposed

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Second Amended Complaint, and any non-opposition by Defendant shall not be interpreted as

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admitting any of the allegations in the proposed Second Amended Complaint;

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WHEREAS, under the Parties prior agreement, Plaintiff will file the Second
Amended Complaint (“SAC”) on or before February 28, 2014;

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WHEREAS, Defendant will withdraw its pending Motion to Dismiss the First
Amended Complaint upon Plaintiff’s filing of the SAC;

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WHEREAS, Defendant intends to file a motion to dismiss the SAC pursuant to the
deadlines in the Federal Rules of Civil Procedure;

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WHEREAS, the Parties agree that it would be in the best interests of the parties

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and judicial economy if the Initial Case Management Conference is continued to a date following

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a hearing on Defendant’s forthcoming motion to dismiss;

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WHEREAS, the parties also agree that they would best be able to evaluate any
ADR options with the benefit of a ruling on Defendant’s Motion;

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WHEREAS, the parties believe that at this time, complying with the Initial Case

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Management Schedule’s requirements would be unnecessarily burdensome to the parties and

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would divert the parties’ resources from meaningfully briefing and evaluating the issues raised in

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Plaintiff’s SAC;

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WHEREAS, the parties have agreed to the following Amended Case Management
Schedule:
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JT. STIP. AND [PROPOSED] ORDER RE:
CONSENT TO FILING SAC AND
CONTINUING CMC; C 13-5125 CRB

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April 9, 2014:

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Last day to meet and confer re: initial disclosures, early settlement, ADR

process selection, and discovery plan;

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Last day to file ADR Certification signed by Parties and Counsel;

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•

Last day to file either Stipulation to ADR Process or Notice of Need for

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ADR Phone Conference;

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May 2, 2014:

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•

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Last day to file Rule 26(f) Report, complete initial disclosures or state

objection in Rule 26(f) Report and file Case Management Statement; and

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May 9, 2014:

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•

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Initial Case Management Conference, (CMC) in Courtroom 6, 17th floor at

10:00 AM.

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NOW, THEREFORE, pursuant to Rule 6-2 of the Local Civil Rules of the United

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States District Court for the Northern District of California, it is hereby stipulated by and among

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Plaintiff and Defendant and through their counsel of record that, pursuant to Federal Rule of Civil

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Procedure 15(a)(2), Defendant consents to Plaintiff filing the attached proposed second amended

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complaint, which Plaintiff shall file no later than February 28, 2014.

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It is also stipulated that the currently scheduled CMC will be reschedule to May 9,

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2014 in Courtroom 6, 17th floor at 10:00 AM; the last day to meet and confer over initial

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disclosures, early settlement, ADR process selection, and discovery plan is moved to April 9,

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2014; the last day for parties to file ADR Certification signed by Parties and Counsel is moved to

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April 9, 2014; the last day to file either Stipulation to ADR Process or Notice of Need for ADR

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Phone Conference is moved to April 9, 2014; and the Last day to file Rule 26(f) Report, complete

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JT. STIP. AND [PROPOSED] ORDER RE:
CONSENT TO FILING SAC AND
CONTINUING CMC; C 13-5125 CRB

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initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement is

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moved to May 2, 2014.

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IT IS SO STIPULATED.

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Dated: February 26, 2014

RICHARD B. GOETZ
MATTHEW D. POWERS
JACLYN BLANKENSHIP
O’MELVENY & MYERS LLP

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By: /s/ Jaclyn Blankenship
Jaclyn Blankenship

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Attorneys for Defendant
VISA, INC.

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Dated: February 26, 2014

CHARLES D. MARSHALL
MARSHALL LAW FIRM

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By: /s/ Charles D. Marshall
Charles D. Marshall

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Attorney for Plaintiff
RON DAVIS

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JT. STIP. AND [PROPOSED] ORDER RE:
CONSENT TO FILING SAC AND
CONTINUING CMC; C 13-5125 CRB

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ATTESTATION OF FILING

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Pursuant to Local Rule 5-1(i)(3) regarding signatures, I, Jaclyn Blankenship, hereby attest

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that concurrence in the filing of this Joint Stipulation and [Proposed] Order re: Consent to Filing

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Second Amended Complaint and Continuing Initial Case Management Conference has been

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obtained from Charles D. Marshall with conformed signatures above.

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Dated: February 26, 2014

By: /s/ Jaclyn Blankenship
Jaclyn Blankenship
O’MELVENY & MYERS LLP
400 South Hope Street
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]

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JT. STIP. AND [PROPOSED] ORDER RE:
CONSENT TO FILING SAC AND
CONTINUING CMC; C 13-5125 CRB

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ORDER
The Court having considered the Joint Stipulation and [Proposed] Order re: Consent to

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Filing Second Amended Complaint and Continuing Initial Case Management Conference

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submitted by the Parties, and good cause appearing:

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1. The Stipulation is approved;

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2. Plaintiff shall file his proposed Second Amended Complaint attached to the Joint

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Stipulation as Exhibit A no later than March 6, 2014;
3. The Case Management Conference is hereby continued until May 9, 2014, in

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Courtroom 6, 17th floor at 8:30 A.M.,
4. The Initial Case Management Order is hereby amended as follows:

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March 4, 2014:
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Last day to meet and confer re: initial disclosures, early settlement, ADR process
selection, and discovery plan;

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Last day to file ADR Certification signed by Parties and Counsel;

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Last day to file either Stipulation to ADR Process or Notice of Need for ADR Phone

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Conference;

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Rule 26(f) Report and file Case Management Statement;
May 9, 2014:
Initial Case Management Conference, (CMC) in Courtroom 6, 17th floor at 8:30 AM.

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______________________________________
. Breyer
harles R
Hon. Charles R. Breyer
Judge C
UNITED STATES DISTRICT COURT JUDGE

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DERED
SO OR ED
IT IS
DIFI
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DATED: March 4, 2014

UNIT
ED

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IT IS SO ORDERED.

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Last day to file Rule 26(f) Report, complete initial disclosures or state objection in

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May 2, 2014:

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C
JT.
OF
D I S T I C TSTIP. AND [PROPOSED] ORDER RE:
CONSENT TO FILING SAC AND
R
CONTINUING CMC; C 13-5125 CRB