Villegas v. J.P. Morgan Chase & Co. et al

Filing 147

STIPULATION AND ORDER Case Management Conference set for 7/14/2011 03:00 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 6/13/11. (lrc, COURT STAFF) (Filed on 6/14/2011)

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CARRIE A. GONELL, State Bar No. 257163
MORGAN, LEWIS & BOCKIUS LLP
5 Park Plaza, Suite 1750
Irvine, CA 92614
Tel: [phone]
Fax: [phone]
Email: [e-mail]
LAUREN S. KIM, State Bar No. 210572
MORGAN, LEWIS & BOCKIUS LLP
2 Palo Alto Square
3000 El Camino Real, Suite 700
Palo Alto, CA 94306-2122
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorney for Defendants
JPMORGAN CHASE & CO., JPMORGAN CHASE BANK,
N.A., and CHASE BANK USA, N.A.

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PETER M. HART, State Bar No. 198691
LAW OFFICES OF PETER M. HART
One Wilshire Blvd, Suite 2200
Los Angeles, California 90017
Tel: [phone]
Fax: [phone]
Email: [e-mail]
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Additional Plaintiff’s Counsel Listed
On Following Page

Attorneys for Plaintiff NICOLE VILLEGAS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NICOLE VILLEGAS, as an individual and on
behalf of all others similarly situated,

CLASS ACTION
Plaintiff,

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Case No. CV 09-00261 SBA

vs.
J.P. MORGAN CHASE & CO., a Delaware
corporation; J.P. MORGAN CHASE BANK,
N.A., a national association; CHASE BANK
USA, N.A., a national association; and DOES
1 through 50, inclusive,

JOINT NOTICE OF SETTLEMENT AND
STIPULATION TO SET STATUS
CONFERENCE AND TO VACATE
DATES
Judge: Hon. Saundra Brown Armstrong
Room: 1, Fourth Floor
Complaint Filed: December 18, 2008

Defendants.

JOINT NOTICE OF SETTLEMENT AND
STIPULATION TO SET STATUS
CONFERENCE AND TO VACATE DATES
CASE NO. CV 09-00261 SBA

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ADDITIONAL PLAINTIFF’S COUNSEL

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ERIC HONIG (State Bar No. 140765)
LAW OFFICE OF ERIC HONIG
P.O. Box 10327
Marina del Rey, California 90295
Telephone: [phone]
Facsimile: [phone]
[e-mail]
KENNETH H. YOON State Bar No. 198443
LAW OFFICES OF KENNETH H. YOON
One Wilshire Blvd., Suite 2200
Los Angeles, CA 90017
[phone]
[phone] facsimile
[e-mail]
LARRY W. LEE State Bar No. 228175
DIVERSITY LAW GROUP, A Professional Corporation
444 S. Flower Street
Citigroup Center • Suite 1370
Los Angeles, California 90071
[phone]
[phone] facsimile
[e-mail]
Attorneys for Plaintiff
NICOLE VILLEGAS

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JOINT NOTICE OF SETTLEMENT AND
STIPULATION TO SET STATUS
CONFERENCE AND TO VACATE CLASS
CERTFICATION HEARING DATE
CASE NO. CV 09-00261 SBA MEDIATION
DEADLINE
CASE NO. CV 09-00261 SBA

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Plaintiff Nicole Villegas (“Plaintiff”) and Defendants JPMorgan Chase Bank, N.A.,

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JPMorgan Chase & Co., Chase Bank USA, N.A. (collectively, “Defendants”), by and through

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their respective counsel of record named herein, hereby provide notice of the class-wide

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settlement reached in this case and stipulate as follows:

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WHEREAS, Plaintiff and Defendants have reached a class-wide settlement of this matter;

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WHEREAS, Plaintiff and Defendants through their respective counsel of record have

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executed a Memorandum of Understanding as to the class-wide settlement terms;
WHEREAS, Plaintiff and Defendants will be submitting a formal class settlement
agreement to this Court for preliminary approval;
WHEREAS, Plaintiff has previously filed her Motion for Class Certification, currently set
to be heard by this Court on June 28, 2011 at 1:00 p.m.;

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THEREFORE, in light of the Memorandum of Understanding reached in this case,

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Plaintiff and Defendants, through their undersigned respective counsel, stipulate and request that

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the Court hereby order as follows:

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1.

That Plaintiff’s Motion for Class Certification, currently set for hearing on June

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28, 2011 at 1:00 p.m. be vacated, as well as all other hearing dates, cut-off dates,

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and trial dates; and

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2.

In its place, a Status Conference be set for June 28, 2011 at 1:00 p.m., or on June

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30, 2011, or on another available date in order to allow Plaintiff, Defendants, and

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this Court to discuss a schedule for Plaintiff’s anticipated Motion for Preliminary

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Approval of the Class Action Settlement.

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IT IS SO STIPULATED.

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JOINT NOTICE OF SETTLEMENT AND
STIPULATION TO SET STATUS
CONFERENCE AND TO VACATE CLASS
CERTFICATION HEARING DATE
CASE NO. CV 09-00261 SBA MEDIATION
DEADLINE
CASE NO. CV 09-00261 SBA

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Dated: June 3, 2011

Respectfully Submitted,
MORGAN, LEWIS & BOCKIUS LLP

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By

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/s/
Carrie A. Gonell
Attorneys for Defendants
JPMORGAN CHASE & CO., JPMORGAN
CHASE BANK, N.A., AND CHASE
BANK USA, N.A.

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Dated: June 3, 2011

Respectfully Submitted,

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LAW OFFICES OF PETER M. HART
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By
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ORDER
The parties having so stipulated, and GOOD CAUSE APPEARING THEREFORE, IT IS
HEREBY ORDERED that:
1.

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Plaintiff’s Motion for Class Certification, currently set for hearing on June 28,
2011 at 1:00 p.m. is hereby vacated, as well as all other hearing dates, cut-off

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/s/
Peter M. Hart
Attorneys for Plaintiff
NICOLE VILLEGAS

dates, and trial dates; and
2.

A Status Conference is hereby set for the next available date of July 14, 2011 at
3:00 p.m. in order for Plaintiff, Defendants, and this Court to discuss a schedule
for Plaintiff’s anticipated Motion for Preliminary Approval of the Class Action
Settlement. Prior to the date scheduled for the conference, the parties shall meet
and confer and prepare a joint Case Management Conference Statement. The joint
statement shall be filed no later than ten (10) days prior to the conference and shall
comply with the Standing Order for All Judges of the Northern District of

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JOINT NOTICE OF SETTLEMENT AND
STIPULATION TO SET STATUS
CONFERENCE AND TO VACATE CLASS
CERTFICATION HEARING DATE
CASE NO. CV 09-00261 SBA MEDIATION
DEADLINE
CASE NO. CV 09-00261 SBA

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California and the Standing Order of this Court. Plaintiff shall be responsible for

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filing the statement as well as for arranging the conference call. All parties shall

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be on the line and shall call [phone] at the above indicated date and time.

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IT IS SO ORDERED.

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Date: 6/13/11

______________________________
The Honorable Saundra B. Armstrong
United States District Judge

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JOINT NOTICE OF SETTLEMENT AND
STIPULATION TO SET STATUS
CONFERENCE AND TO VACATE CLASS
CERTFICATION HEARING DATE
CASE NO. CV 09-00261 SBA MEDIATION
DEADLINE
CASE NO. CV 09-00261 SBA