Nytl v. JP Morgan Chase & Co. et al

Filing 21

Order as Modified by Hon. Vince Chhabria granting 10 Stipulation Regarding Service of the First Amended Class Action Complaint; Setting a Schedule for Defendants to Move to Transfer Venue; and Preserving All Defenses.(knm, COURT STAFF) (Filed on 8/20/2015)

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[SUBMITTING COUNSEL ON SIGNATURE
PAGE]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Plaintiffs,

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Case No. 3:15-cv-02290-VC

JOHN NYPL, et al.,

v.
JPMORGAN CHASE & CO., et al.,
Defendants.

STIPULATION AND [PROPOSED]
ORDER REGARDING SERVICE OF THE
FIRST AMENDED CLASS ACTION
COMPLAINT; SETTING A SCHEDULE
FOR DEFENDANTS TO MOVE TO
TRANSFER VENUE; AND PRESERVING
ALL DEFENSES

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STIPULATION AND [PROPOSED] ORDER

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Plaintiffs John Nypl, Lisa McCarthy, MAD Travel, Inc. a.k.a. Travel Leaders, Valarie Jolly,
Go Everywhere, Inc., William Rubinsohn d.b.a. Rubinsohn Travel (collectively, “Plaintiffs”); and
Defendants J.P. Morgan Chase & Co., J.P. Morgan Chase N.A., Bank of America NA, HSBC
Finance Corporation, HSBC Bank USA, HSBC North America Holdings, Inc., HSBC Holdings plc,
Citigroup, Inc., UBS AG, Barclays PLC, Royal Bank of Scotland (collectively, “Defendants”), so as
to conserve both party and judicial resources, by and through their respective counsel, hereby
stipulate as follows:
WHEREAS, Plaintiff Nypl filed a class action complaint for violations of the Sherman Act,
the California Cartwright Act, and the California Unfair Competition Law (the “Complaint”) on May
21, 2015;
WHEREAS, the Plaintiffs filed the first amended class action complaint for violations of the
Sherman Act (the “First Amended Complaint”) on June 11, 2015;
WHEREAS, on May 28, 2015, the Court entered an Order directing the parties to file a Joint
Case Management Statement by August 18, 2015, and to appear for a Case Management Conference
at 10:00 am on August 25, 2015;
WHEREAS, none of the Defendants in this action has been served with the Complaint or with
the First Amended Class Action Complaint;
WHEREAS, Defendants assert that class actions based on similar allegations are pending
before the Honorable Lorna G. Schofield in the United States District Court for the Southern District
of New York under the caption In re Foreign Exchange Benchmark Rates Antitrust Litigation, Case
No. 13-cv-7789;
WHEREAS, after the Defendants are served with the First Amended Class Action Complaint,
the Defendants intend to move to transfer venue from this Court to the United States District Court
for the Southern District of New York pursuant to 28 U.S.C. § 1404 or § 1406 for this action to be
consolidated with the In re Foreign Exchange Benchmark Rates Antitrust Litigation, Case No. 13-cv7789, and the Plaintiffs intend to oppose Defendants’ motions;

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STIPULATION AND [PROPOSED] ORDER

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WHEREAS, the Defendants wish to clarify that by entering into this Stipulation and by
moving to transfer venue, they do not waive any defense or motion under Fed. R. Civ. P. 12,
including motions challenging jurisdiction and the sufficiency of the complaint;
AND WHEREAS, the Plaintiffs and Defendants have conferred and agreed that pursuant to
and in consideration for the terms of this Stipulation, and subject to the Court’s approval (1) counsel
for Defendants will accept service of the First Amended Complaint on behalf of their client(s); (2) no
Defendant waives any defense, including personal jurisdiction, by entering into this Stipulation or
moving to transfer venue; (3) all deadlines for Rule 12 motions or responsive pleadings are stayed
pending the resolution of the Defendants’ motions to transfer venue; (4) Defendants do not waive
their right to file any Rule 12 motions in this action after motions to transfer venue have been
decided; and (5) if the Court denies the Defendants’ motions to transfer venue, the parties will confer
to establish a mutually agreeable schedule for Defendants to either move to dismiss or respond to the
First Amended Complaint.
THEREFORE, THE PARTIES, BY AND THROUGH THEIR RESPECTIVE
UNDERSIGNED COUNSEL, HEREBY STIPULATE, AND THE COURT ORDERS AS
FOLLOWS:
1.

Service of the First Amended Complaint on the Defendants shall be effective as of the

date of the entry of the Order granting this Stipulation. Neither the Defendants’ acceptance of such
service nor the Defendants’ agreement to this Stipulation shall constitute a waiver of any other
defense, including, but not limited to the defense of lack of personal jurisdiction.
2.

All deadlines for the Defendants to respond to the First Amended Complaint shall be

stayed pending resolution of the Defendants’ motions to transfer venue. Defendants have not waived
their right to file any Rule 12 motions in this action.
3.

The Defendants’ motions to transfer venue must be filed no later than 20 days after the

entry of this Order. Such motions will be noticed for hearing, pursuant to Civil Local Rule 7-3, on
the first mutually agreeable hearing date after filing of the motions.

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STIPULATION AND [PROPOSED] ORDER

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4.

If the Court denies the Defendants’ motions to transfer venue, the parties will confer

and propose a mutually agreeable schedule to the Court for Defendants to either move to dismiss or
respond to the First Amended Complaint.

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5. The case management conference is rescheduled to October 27, 2015. The case

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management statement is due 7 days before the CMC.

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DATED: August 14, 2015

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GIBSON, DUNN & CRUTCHER LLP
By: /s/ Joel S. Sanders

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Joel S. Sanders
555 Mission Street, Suite 3000
San Francisco, CA 94105-2933
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendant UBS AG

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DATED: August 14, 2015

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

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By: /s/ Peter E. Greene

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Peter E. Greene
Boris Bershteyn
Peter S. Julian
Four Times Square
New York, NY 10036
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Douglas A. Smith
300 South Grand Avenue, Suite 3400
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants JPMorgan Chase & Co. and
JPMorgan Chase Bank, N.A.

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STIPULATION AND [PROPOSED] ORDER

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DATED: August 14, 2015

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SHEARMAN & STERLING LLP
By: /s/ Stephen D. Hibbard

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Stephen D. Hibbard (SBN 177865)
525 Market Street, Suite 1500
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Adam S. Hakki
Richard F. Schwed
Jeffrey J. Resetarits
599 Lexington Avenue
New York, New York 10022
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendants Bank of America Corporation
and Bank of America, N.A.

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DATED: August 14, 2015

LOCKE LORD LLP

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By: /s/ Regina J. McClendon

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Regina J. McClendon
44 Montgomery Street, Suite 2400
San Francisco, CA 94104
Telephone: [phone]
[e-mail]

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Attorneys for Defendants HSBC Finance Corporation,
HSBC Bank USA, N.A., HSBC North America
Holdings, Inc., and HSBC Holdings plc

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DATED: August 14, 2015

COVINGTON & BURLING LLP
By: /s/ Tammy Albarrán
Tammy Albarrán
One Front Street
San Francisco, CA 94111-5356
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STIPULATION AND [PROPOSED] ORDER

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Telephone: [phone]
[e-mail]

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Andrew A. Ruffino
The New York Times Building
620 Eighth Avenue
New York, New York 10018
Telephone: [phone]
[e-mail]

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Alan M. Wiseman
Thomas A. Isaacson
Andrew D. Lazerow
One City Center
Washington, D.C. 20004
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant Citigroup Inc.

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DATED: August 14, 2015

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By: /s/ Neal A. Potischman

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Neal A. Potischman (SBN 254862)
1600 El Camino Real
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Joel M. Cohen
450 Lexington Avenue
New York, New York 10017
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendant The Royal Bank of
Scotland plc

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DAVIS POLK & WARDWELL LLP

DATED: August 14, 2015

SULLIVAN & CROMWELL LLP

By: /s/ Adam S. Paris
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STIPULATION AND [PROPOSED] ORDER

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Adam S. Paris
John D. Echeverria
1888 Century Park East
Los Angeles, California 90067-1725
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant Barclays Bank PLC

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DATED: August 14, 2015

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By: /s/ Joseph M. Alioto

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Joseph M. Alioto
Theresa D. Moore
Jamie Miller
One Sansome Street, Suite 3500
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs John Nypl, Lisa McCarthy,
MAD Travel, Inc. a.k.a. Travel Leaders, Valarie Jolly,
Go Everywhere, Inc., William Rubinsohn d.b.a.
Rubinsohn Travel

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ALIOTO LAW FIRM

DATED: August 14, 2015

LAW OFFICES OF LINGEL H. WINTERS
By: /s/ Lingel H. Winters
Lingel H. Winters, Esq.
275 Battery Street, Suite 2600
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiffs John Nypl, Lisa McCarthy, MAD
Travel, Inc. a.k.a. Travel Leaders, Valarie Jolly, Go
Everywhere, Inc., William Rubinsohn d.b.a. Rubinsohn
Travel
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STIPULATION AND [PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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R NIA

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ERED
O ORD D
HONORABLE S
IT IS VINCE CHHABRIA
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UNITED STATES DISTRICT JUDGE
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____________________________________

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UNIT
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August 20, 2015
DATED: _________________

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STIPULATION AND [PROPOSED] ORDER

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