Higginbotton v. U.S. Bankcorp et al

Filing 39

STIPULATION AND ORDER Granting Request to Stay Case-Related Deadlines re 38 Stipulation. Deadline to file Amended Complaint due 6/15/2011. Signed by Judge Edward J. Davila on 6/2/2011. (ecg, COURT STAFF) (Filed on 6/2/2011)

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NIALL P. McCARTHY (SBN 160175)
[e-mail]
ANNE MARIE MURPHY (SBN 202540)
[e-mail]
ERIC J. BUESCHER (SBN 271323)
[e-mail]
COTCHETT, PITRE & McCARTHY
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: [phone]
Facsimile:
[phone]

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BRUCE TICHININ (SBN 52859)
[e-mail]
LAW OFFICES OF BRUCE TICHININ, INC.
138 Seafoam Avenue
Monterey, CA 93940
Telephone: [phone]
Facsimile:
[phone]

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Attorneys for Plaintiffs and the Class

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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HAROLD HIGGINBOTTOM, dba
HIGGINBOTTOM FLOOR COVERING,
an individual; on behalf of himself and all
others similarly situated,

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Plaintiff,

Case No. CV-10-4593 EJD
STIPULATION AND REQUEST TO
STAY CASE-RELATED
DEADLINES; [PROPOSED]
ORDER

v.
U.S. BANCORP, a Delaware
Corporation; U.S. BANK, NATIONAL
ASSOCIATION; LYON FINANCIAL
SERVICES, INC., a Minnesota
Corporation, dba U.S. BANCORP
MANIFEST FUNDING SERVICES,

Judge:

Hon. Edward J. Davila

Defendants.

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v
LAW OFFICES
COTCHETT,
PITRE &
MCCARTHY

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STIPULATION AND REQUEST TO STAY CASE-RELATED DEADLINES;
[PROPOSED] ORDER; Case No. CV-10-4593 EJD

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TO THE COURT AND ALL COUNSEL OF RECORD:
Pursuant to Northern District Civil Local Rule 6-2, Plaintiff Harold Higginbottom

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and Defendants U.S. Bancorp, U.S. Bank, National Association, and Lyon Financial

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Services, Inc. (collectively, “Defendants”), through their attorneys, hereby stipulate and

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request that the deadline for Plaintiff to file his First Amended Complaint be extended to

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June 15, 2011.

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The original deadline to file the First Amended Complaint was May 25, 2011. An

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extension of until June 1, 2011 was granted by the Court. The Parties have been in

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settlement discussions all the while and reached terms of a Settlement Agreement. The

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Parties have agreed to the terms of a settlement that are being reduced to writing.

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Accordingly, the Parties are requesting a stay of case-related deadlines, including

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discovery deadlines and the deadline to file a First Amended Complaint up to and through

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June 15, 2011. A stay of all case-related deadlines until June 15, 2011 will not affect any

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other deadlines already fixed by this Court.

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IT IS SO STIPULATED AND AGREED.

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Dated: May 31, 2011

COTCHETT, PITRE & McCARTHY, LLP

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By:

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/s/ Anne Marie Murphy
ANNE MARIE MURPHY
Attorneys for Plaintiff

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Dated: May 31, 2011

MORRISON & FOERSTER LLP

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By:

/s/ Rebecca S. Saelao
REBECCA S. SAELAO
Attorneys for Defendants U.S. Bancorp,
U.S. Bank, National Association, and
Lyon Financial Services, Inc.

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v
LAW OFFICES
COTCHETT,
PITRE &
MCCARTHY

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STIPULATION AND REQUEST TO STAY CASE-RELATED DEADLINES;
[PROPOSED] ORDER; Case No. CV-10-4593 EJD

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[PROPOSED] ORDER

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Pursuant to the Parties’ Stipulation and Request, IT IS ORDERED that all case-

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related deadline are stayed, including the deadline for Plaintiff to file his First Amended

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Complaint, up to and including June 15, 2011.

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DATE: June ___, 2011

____________________________
Hon. Edward J. Davila

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v
LAW OFFICES
COTCHETT,
PITRE &
MCCARTHY

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STIPULATION AND REQUEST TO STAY CASE-RELATED DEADLINES;
[PROPOSED] ORDER; Case No. CV-10-4593 EJD

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