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

Filing 156

STIPULATION AND ORDER re 155 Stipulation, filed by Nicole Villegas. Signed by Judge ARMSTRONG on 10/3/11. (lrc, COURT STAFF) (Filed on 10/3/2011)

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PETER M. HART, Esq. (State Bar No. 198691)
LAW OFFICES OF PETER M. HART
12121 Wilshire Blvd., Ste. 205
Los Angeles, California 90025
Tel.: [phone]
Fax.: (509) 561 - 6441
[e-mail]

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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, Suite 1370
Los Angeles, CA 90071
(213) 488 – 6555
(213) 488 – 6554 facsimile
[e-mail]
ERIC S. HONIG, Esq. (State Bar No. 140765)
LAW OFFICES OF ERIC HONIG
P.O. Box 10327
Marina Del Rey, California 90295
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiff Nicole Villegas
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Case No.: CV 09-00261 SBA

NICOLE VILLEGAS, as an individual and on )
)
behalf of all others similarly situated,
)
)
Plaintiff,
)
)
v.
)
J.P. MORGAN CHASE & CO., a Delaware )
corporation; JPMORGAN CHASE BANK, )
)
N.A., a national association; CHASE BANK )
USA, N.A., a national association; and DOES )

STIPULATION AND ORDER TO
EXTEND BRIEFING SCHEULE RE
MOTION FOR PRELIMINARY
APPROVAL OF CLASS SETTLEMENT

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STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEULE RE MOTION FOR
PRELIMINARY APPROVAL OF CLASS SETTLEMENT (CASE NO. CV 09-00261 SBA)

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1 through 50, inclusive,

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Defendants.

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Pursuant to Civil Local Rules 7-12 and 16-2, it is hereby stipulated, by and between

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NICOLE VILLEGAS (“Plaintiff”) and JPMorgan Chase Bank, N.A., JPMorgan Chase & Co.,

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Chase Bank USA, N.A. (collectively, “Defendants”)1 (collectively the “Parties”), through their

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respective undersigned counsel, as follows:
WHEREAS, on June 3, 2011, Plaintiff filed a Joint Notice of Settlement and Stipulation

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to Set Status Conference and to Vacate Dates with Proposed Order;
WHEREAS, the Parties executed a memorandum of understanding containing settlement

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terms for Plaintiff’s individual and class action claims;
WHEREAS, on July 5, 2011, the Parties filed a Joint Case Management Statement, and

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requested a hearing date on the Motion for Preliminary Approval of Class Action Settlement

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(“Motion”) on November 8, 2011, at 1:00 p.m.;
WHEREAS, on July 15, 2011, the Court set a hearing on the parties’ motion for

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preliminary approval of settlement for November 15, 2011, at 1:00 p.m.
WHEREAS, on September 1, 2011, the Court ordered that any opening brief of no more

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than fifteen (15) pages and/or any other relevant documents shall be filed by no later than

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September 27, 2011; any opposing or responsive briefs of no more than fifteen (15) pages and/or

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other relevant documents shall be filed by no later than October 11, 2011; and any reply brief of
no more than ten (10) pages and/or other relevant documents filed by no later than October 25,
2011.
WHEREAS, Plaintiff received additional data the week ending September 23, 2011, and

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is thus still in the process of reviewing this data;
WHEREAS, the Parties require additional time to finalize the long-form class action

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Settlement Agreement;
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Defendants reserve all defenses with respect to Plaintiff’s improper naming of “J.P. Morgan Chase & Co.” and
“Chase Bank, USA, N.A.” as Defendants in this action.

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STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEULE RE MOTION FOR
PRELIMINARY APPROVAL OF CLASS SETTLEMENT (CASE NO. CV 09-00261 SBA)

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WHEREAS, as a result of the above, Plaintiff does not anticipate that she will be able to
file the Opening Brief until October 18, 2011.
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant,
through their respective undersigned counsel, that the Opening Brief for Preliminary Approval of
Class Action Settlement will be filed on or before October 18, 2011, any responses will be filed
by October 25, 2011, and any replies by November 1, 2011.

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant,

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through their respective undersigned counsel, that the hearing date on the Motion for Preliminary

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Approval of Class Action Settlement shall remain as scheduled for November 15, 2011.

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IT IS SO STIPULATED.
DATED: September 26, 2011

MORGAN, LEWIS & BOCKIUS LLP
By: ______/s/___________________________
Carrie A. Gonell
Attorneys for Defendants JPMorgan Chase & Co.,
JPMorgan Chase Bank, N.A., and Chase Bank
USA, N.A.

DATED: September 26, 2011

LAW OFFICES OF PETER M. HART

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By:

/s/
__
Peter M. Hart

___________________

Attorney for Plaintiff
NICOLE VILLEGAS

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STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEULE RE MOTION FOR
PRELIMINARY APPROVAL OF CLASS SETTLEMENT (CASE NO. CV 09-00261 SBA)

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ORDER
The Parties having so stipulated, and GOOD CAUSE APPEARING
THEREFORE, IT IS HEREBY ORDERED that:
1. The Opening Brief for Preliminary Approval of Class Action Settlement will be filed
on or before October 18, 2011, any responses will be filed by October 25, 2011, and
any replies by November 1, 2011.
2. The hearing on the Motion for Preliminary Approval of Class Action Settlement shall
remain as scheduled for November 15, 2011 at 1:00 p.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date: 10/3/11

___________________________
The Honorable Saundra Brown Armstrong
Judge of the United States District Court

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STIPULATION AND [PROPOSED] ORDER TO EXTEND BRIEFING SCHEULE RE MOTION FOR
PRELIMINARY APPROVAL OF CLASS SETTLEMENT (CASE NO. CV 09-00261 SBA)