Johnson v. Ameriprise Financial Services, Inc.

Filing 82

STIPULATION AND ORDER SETTING CASE MANAGEMENT CONFERENCE re 81 Stipulation filed by Sylvia Johnson. Joint Case Management Statement due by 11/13/2008. Further Case Management Conference set for 11/20/2008 02:30 PM. Signed by Judge Phyllis J. Hamilton on 11/13/08. (nah, COURT STAFF) (Filed on 11/13/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Counsel of Record on Next Page UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION SYLVIA JOHNSON, individually, and on behalf of all others similarly situated, Plaintiffs, v. AMERIPRISE FINANCIAL SERVICES, INC., and DOES 1 through 100, inclusive, Defendants. Case No. C 07-03168 PJH STIPULATION AND ORDER TO SET CASE MANAGEMENT CONFERENCE FOR NOVEMBER 20, 2008 -1- STIPULATION TO SET CASE MANAGEMENT CONFERENCE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Karen E. Wentzel (SBN 112179) DORSEY & WHITNEY LLP 1717 Embarcadero Road Palo Alto, California 94303 (650) 857-1717 : phone (650) 857-1288 : fax Email: efilingPA@dorsey.com Edward B. Magarian (admitted pro hac vice) Zeb-Michael Curtin (admitted pro hac vice) DORSEY & WHITNEY LLP Suite 1500, 50 South Sixth Street Minneapolis, Minnesota 55402 (612) 340-2600 : phone (612) 340-2777 : fax Email: magarian.edward@dorsey.com curtin.zeb@dorsey.com Attorneys for Defendant AMERIPRISE FINANCIAL SERVICES, INC. Scott Edward Cole, Esq. (S.B #160744) Matthew R. Bainer, Esq. (S.B. #220972) Eileen M. Bissen, Esq. (S.B. #245821) SCOTT COLE & ASSOCIATES, APC 1970 Broadway, Ninth Floor Oakland, California 94612 Telephone: (510) 891-9800 Facsimile: (510) 891-7030 Web: www.scalaw.com Attorneys for Representative Plaintiff Sylvia Johnson and the Plaintiff Class -2- STIPULATION TO SET CASE MANAGEMENT CONFERENCE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties to this action, through their respective legal counsel, hereby stipulate and agree to the following: 1. Plaintiff filed the above-captioned action in state court as a putative class action. Defendant removed the state court action to this court pursuant to the Class Action Fairness Act. ("CAFA") on or about June 15, 2007. 2. The current scheduling order provides that Plaintiff's motion for class certification and Defendant's motion for summary judgment are due to be filed by November 26, 2008. 3. Plaintiff's counsel has contacted counsel for Ameriprise Financial Services, Inc. ("Ameriprise Financial") regarding whether Plaintiff intends to forego the filing of a motion for class certification. Plaintiff's counsel has expressed that, should it stipulate to dismiss the class claims in this case, the manner in which it does so must be designed to protect the rights of putative class members to ensure they will not be harmed in the process and provide them a time table within which to file individual actions, should they wish to do so. Since that contact, the parties have attempted to negotiate a stipulation which would result in a withdrawal of the class action claims, but have been unsuccessful. Plaintiff believes that a conference with the Court is necessary to help resolve issues about the method by which it may do so. 4. Defendant alleges that Plaintiff's withdrawal of her class action claims would affect any motion for summary judgment and raise jurisdictional issues that must first be resolved before any motion for summary judgment is brought. Defendant therefore requests that the current deadline to file a motion for summary judgment be removed from the calendar. Plaintiff has insufficient facts to either agree with or oppose Defendant's position. 5. The parties request a case status conference before this Court on November 20, 2008, at 2:30 p.m. and have scheduled such a conference with this Court's calendar clerk. 6. The parties will submit a joint statement in advance of that settlement conference no later than November 13, 2008. -3- STIPULATION TO SET CASE MANAGEMENT CONFERENCE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Date: NOW, THEREFORE, the parties agree as follows: (1) pending the case status conference with the Court on November 20, the deadline for Plaintiff's motion for class certification and Defendant's motion for summary judgment shall be removed from the calendar; (2) Plaintiff requests clarification from the Court regarding the rights of putative class members in the event of a dismissal of the class claims, including a time table within which they must file individual actions, should they wish to do so; (3) Defendant requests clarification from the Court regarding the impact of the withdrawal of class claims on the motion for summary judgment and jurisdictional issues; (4) the parties will submit a joint statement to the Court by November 13, 2008; and (5) the parties shall attend a case status conference with the Court on November 20, 2008 at 2:30 p.m. Dated: November 12, 2008 DORSEY & WHITNEY LLP By: /s/ Karen E. Wentzel Karen E. Wentzel Attorneys for Defendant AMERIPRISE FINANCIAL SERVICES, INC. Dated: November 12, 2008 SCOTT COLE & ASSOCIATES, APC By: /s/ Eileen Bissen Eileen Bissen Attorneys for the Representative Plaintiff and the Plaintiff Class ORDER UNIT ED ISTRIC ES D TC AT T IT IS SO ORDERED. 11/13/08 RT U O S ER N -4- STIPULATION TO SET CASE MANAGEMENT CONFERENCE F D IS T IC T O R A C LI FO h Judge P yllis J. H amilton R NIA _____________________________________ HON. PHYLLIS J. HAMILTON. NO OO IT IS S RDERE D RT H

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