Amirhamzeh v. Wells Fargo Bank, N.A. et al

Filing 56

Order as Modified by Hon. Vince Chhabria granting 55 Stipulation to Enlarge Time to Hear the Motion to Dismiss and Reset Case Management Conference.(knm, COURT STAFF) (Filed on 10/2/2014)

1 HANSON BRIDGETT LLP
JOHN T. CU,SBN 207402
2 , [e-mail]
GILBERT J. TSAI, SBN 247305
3 [e-mail]
425 Market Street, 26th Floor
4 San Francisco, California 94105
Telephone: [phone]
[phone]
5 Facsimile:
6 Attorneys for Defendant Wells Fargo Banlc, N.A.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA,SAN FRANCISCO DIVISION
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ASHLEY AMIRHAMZEH,individually, and
on behalf of all others similarly situated,

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Plaintiffs,
v.

CASE NO. 14-CV-02123 VC
STIPULATED REQUEST FOR ORDER
ENLARGING TIME RE DEFENDANTS'
MOTIONS CURRENTLY SET FOR
OCTOBER 16, 2014;[PROPOSED]
ORDER AS MODIFIED

14 WELLS FARGO BANK,N.A.,
TRILEGIANT CORPORATION,a Delaware
15 Corporation, and DOES 1 through 20,
inclusive,
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Defendants.
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1K
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Pursuant to Local Rules 6-1 and 6-2, Plaintiff Ashley Amirhamzeh, on behalf of all others

2U ~~ similarly situated (collectively "Plaintiff'), on the one hand, and Defendants Wells Fargo Bank,
21 N.A.("WFB")and Trilegiant Corporation ("Trilegiant")(collectively, "Defendants") on the other,
22 by and through their undersigned counsel, hereby stipulate and respectfully request that the Court
23 continue the hearing on WFB's Motion to Compel Arbitration and Stay Proceedings("WFB's
24 ~ ~ Motion")and Trilegiant's Motion to Dismiss or Stay the Case and Compel Arbitration, or in the
25 alternative, to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) ("Trilegiant's Motion")
26 (collectively referred to as "Defendants' Motions"), which is currently set for October 16, 2014 to
27 October 28, 2014. The parties declare in support ofthis request as follows:
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9729087.1

14-CV-02123 VC
STIPULATED REQUEST FOR ORDER ENLARGING TIME RE DEFENDANTS'MOTIONS CURRENTLY SET
FOR OCTOBER 16,2014;[PROPOSED]ORDER

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WHEREAS,the Defendants filed their Motions and effectuated service on Plaintiff on

2 ~ August 8, 2014;
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WHEREAS,on August 22, 2014, the Parties filed a Stipulated Request For Order

4 Changing Time;[Proposed] Order, and Declaration of Farrah Mirabel In Support, wherein the
5 ~ Parties stipulated to: extend the deadline on which Plaintiff must file her opposition briefs to
6 ~ Defendants' Motions to September 12, 2014; extend the deadline on which Defendants must file
7 their respective reply briefs to September 26, 2014; and reschedule the hearing on Defendants'
8 Motions from October 2, 2014 to October 16, 2014;
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WHEREAS,pursuant to Order of this Court dated August 22,2014("August 22 Order"),

10 ~ the Court set the hearing for Defendants Motions for October 16, 2014 at 10:00 a.m. and the initial
11 Case Management Conference for October 28, 2014 at 10:00 a.m.;
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WHEREAS,.Plaintiffs lead counsel is based in Newport Beach, California, and expects to

13 ~ travel to San Francisco to appear in Court both to argue Defendants' Motions on October 16, 2014
14 and attend the Case Management Conference on October 28, 2014;
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WHEREAS,Trilegiant's lead counsel, Kenneth M. Kliebard of the law firm of Morgan,

16 ~ Lewis & Bockius LLP,is based in Chicago, Illinois, and expects to travel to San Francisco to
17 appear in Court both to argue Trilegiant's Motion on October 16, 2014 and attend the Case
18 Management Conference on October 28, 2014;
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WHEREAS, WFB's lead counsel, John T. Cu of the law firm of Hanson Bridgett LLP has

20 a scheduled business meeting on October 15 —16 in Richmond, Virginia;
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WHEREAS,having met and conferred and reached agreement that, to promote efficiency

22 by saving on costs and fees incurred related to multiple travels by Plaintiffs counsel and
23 Trilegiant's counsel, to accommodate Mr. Cu's conflict on October 16, 2014, and to promote
24 judicial economy,the Parties hereby request that the Court continue the hearing on Defendants'
25 Motions currently set for October 16, 2014 to October 28,2014, the date currently set for the
26 initial Case Management Conference;
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NOW,THEREFORE,pursuant to Local Rule 6-2, the parties through their respective

28 ~ attorneys stipulate as follows:
9729087.1

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14-CV-02123 VC
STIPULATED REQUEST FOR ORDER ENLARGING TIME RE DEFENDANTS'MOTIONS CURRENTLY SET
FOR OCTOBER 16,2014;[PROPOSED]ORDER

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1. The hearing on Defendants' Motions currently set for October 16, 2014, will be

2'~ continued to October 28, 2014, at 10:00 a.m. to be heard immediately before or
3 contemporaneously with the initial Case Management Conference also scheduled for October 28,
4 2014 at 10:00 a.m.
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2. All other deadlines set forth in the Initial Case Management Scheduling Order,

6 including the deadline for the parties to submit a Joint Case Management Statement, shall remain
7 as currently set.
8 IT IS SO STIPULATED.
9

Dated: September 30, 2014

LAW OFFICES OF FARRAH MIRABEL
By:

s/ Farrah Mirabel

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Farrah Mirabel
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LAW OFFICES OF J. KIRK DONNELLY,APC

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By:

J. Kirk Donnelly

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Attorneys for Plaintiffs ASHLEY AMIRHAMZEH,
individually and on behalf of all others similarly
situated

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s/ J. Kirk Donnelly

Dated: September 30, 2014

HANSON BRIDGETT LLP

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By:

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s/ John T. Cu
John T. Cu
Gilbert J. Tsai
Attorneys for Defendant WELLS FARGO
BANK,N.A.

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Dated: September 30, 2014

MORGAN,LEWIS & BOCKIUS LLP

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By:

s/

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Joseph E. Floren
Kenneth M. Kliebard
Gregory T. Fouts
Attorneys for Defendant TRILEGIANT
CORPORATION

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9729o87.t

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14-CV-02123 VC
STIPULATED REQUEST FOR ORDER ENLARGING TIME RE DEFENDANTS' MOTIONS CURRENTLY SET
FOR OCTOBER 16, 2014;[PROPOSED]ORDER

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9729087.~

_q._
14-CV-02123 VC
S"1'IPULATED REQUEST FOR ORDER ENLARGING TIME RE DEFENDANTS'MOTIONS CURRENTLY SET
FOR OCTOBER 16, 2014;[PROPOSED]ORDER

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ATTESTATION PER LOCAL CIVIL RULE 5-1(I)(3)

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I am a signatory to this document and am the person whose ECF and ID and
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passwords are being utilized in its electronic filing with the Court. I hereby attest
that concurrence in the filing of this document has been obtained from each of the
other signatories hereto.
I declare under penalty of perjury under the laws of the United States that the

7 foregoing is true and correct. Executed this 30th day of September at San Francisco,
8 California.
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s/ John T. Cu
John T. Cu

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y~ayoxz ~

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14-CV-02123 VC
STIPULATED REQUEST FOR ORDER ENLARGING TIME RE DEFENDANTS' MOTIONS CURRENTLY SET
FOR OCTOBER 16, 2014;[PROPOSED] ORDER

[PROPOSED] ORDER AS MODIFIED

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PURSUANT TO STIPULATION,AND GOOD CAUSE APPEARING,

3 THE COURT ORDERS AS FOLLOWS:
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The hearing on Defendants' Motions currently set for October 16, 2014, at
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10:00 a.m., will be continued to 10:00 a.m. on October 28, 2014 to be heard before

6 (or contemporaneously with)the Initial Case Management Conference currently set

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7 for October 28, 2014 at 10:00 a.m.
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All other deadlines set forth in the Initial Case Management Scheduling

9 Order, including the deadline for the parties to submit a Joint Case Management
10 Statement, shall remain as currently set.

IT IS SO ORDERED.

S

J u d ge V

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United States District iJudge
abr a
ince Ch

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FO

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R NIA

D
RDERE
S SO O IED
IT I
DIF
AS MOChhabria
Hon. Vince

LI

14 DATED: October 1, 2014

UNIT
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14-CV-02123 VC
STIPULATED REQUEST FOR ORDER ENLARGING TIME RE DEFENDANTS' MOTIONS CURRENTLY SET
FOR OCTOBER 16, 2014;[PROPOSED] ORDER