Rose v. Bank of America Corporation

Filing 40

Order Granting 39 Stipulation to Continue Case Management Conference; Staying Discovery. Signed by Hon. Edward J. Davila on 10/10/2012. Signed by Hon. Edward J. Davila on 10/10/2012.(ecg, COURT STAFF) (Filed on 10/10/2012)

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Marc A. Lackner (SBN 111753)
Email: [e-mail]
David S. Reidy (SBN 225904)
Email: [e-mail]
Matthew J. Brady (SBN 254333)
Email: [e-mail]
REED SMITH LLP
101 Second Street, Suite 1800
San Francisco, CA 94105-3659
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
FIA Card Services, N.A., and
Bank of America Corporation

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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STEPHENIE ROSE, on behalf of herself and all
others similarly situated,

Case No.: 5:11-cv-02390 EJD

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Plaintiffs,

STIPULATED REQUEST AND
XXXXXXXX ORDER VACATING CASE
[PROPOSED]
MANAGEMENT ORDER AND STAYING
DISCOVERY

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vs.
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BANK OF AMERICA CORPORATION, and
FIA CARD SERVICES, N.A.,
Defendants.

[CIVIL L.R. 7-12; 16-2(E)]

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Case No.: 5:11-cv-02390 EJD

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STIPULATION AND [PROPOSED] ORDER

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Pursuant to Local Rules 7-12 and 16-2(e), Plaintiff Stephenie Rose, on behalf of herself and

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all others similarly situated (“Plaintiff”) and Defendants FIA Card Services, N.A. and Bank of

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America Corporation (“Defendants”) (collectively, the “Parties”) hereby stipulate and agree to the

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following:
RECITALS

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1.

WHEREAS, on May 16, 2011, Plaintiff filed a class action complaint for damages

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and injunctive relief pursuant to 47 U.S.C. section 227 et seq. against Defendants (Dkt. No. 1) (the

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“Rose Case”);

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2.

WHEREAS, on August 31, 2011, plaintiffs Sandra Ramirez and Scott Fowler, on

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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behalf of themselves and all others similarly situated, filed a class action complaint for damages and

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injunctive relief pursuant to 47 U.S.C. section 227 et seq. against defendant Bank of America, N.A.,

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in the United States District Court, Southern District of California, Case No. 11cv2008-LAB (KSC)

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(Dkt. No. 1) (the “Ramirez Case”);

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3.

WHEREAS, on January 17, 2012, this Court issued a Case Management Order,

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setting various class certification, discovery, dispositive motion, and pretrial conference deadlines,

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which directed the parties to private mediation (Dkt. No. 31);

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4.

WHEREAS, on August 31, 2012, the Ramirez court issued an Order consolidating

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Southern District Case Nos. 11cv3040-LAB (KSC) (the “Johnson Case”) and 12cv1662-LAB (KSC)

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(the “Makin Case”) with the Ramirez Case (Dkt. No. 34) (collectively, the “Ramirez Consolidated

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Cases”);

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5.

WHEREAS, on July 30, 2012, plaintiffs Carol Duke and Jack Poster, on behalf of

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themselves and all others similarly situated, filed a class action complaint for damages and

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injunctive relief pursuant to 47 U.S.C. section 227 et seq. against defendants FIA Card Services,

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N.A., Bank of America, N.A., and Bank of America Corporation. (Dkt. No. 1) (the “Duke Case”);

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6.

WHEREAS, on September 14, 2012, Judge Henderson issued an Order of Referral,

referring the Duke Case to this Court to consider whether it is related to the Rose Case (Dkt. No. 21);

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Case No.: 5:11-cv-02390 EJD

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STIPULATION AND [PROPOSED] ORDER

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WHEREAS, on September 25, 2012, this Court issued a Related Case Order, finding

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that the Duke Case and Rose Case are related and ordering that the cases be reassigned to him (Dkt.

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No. 26);
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WHEREAS, counsel for all parties in the Ramirez Consolidated Cases have agreed to

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mediate those matters before the Honorable Edward A. Infante (Ret.) on October 23, 2012, and the

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Parties have agreed to mediate all claims in this Action and the Duke Case, in addition to the

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Ramirez Consolidated Cases;
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November 20, 2012 and other deadlines are pending;
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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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WHEREAS, the motion for class certification in the Rose Case is due to be filed on

WHEREAS, the Parties anticipate that additional mediation sessions may be

necessary in the Rose Case, Duke Case, and Ramirez Consolidated Cases; and
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WHEREAS, in the interests of judicial economy the Parties wish to fully explore

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settlement discussions prior to engaging in discovery, class certification briefing and trial

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preparation and therefore agree to stay discovery and vacate the class certification and trial deadlines

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set forth in this Court’s Case Management Order.
NOW, THEREFORE, in consideration of the foregoing, the Parties, by and through their

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respective counsel of record, hereby STIPULATE as follows:


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That the January 17, 2012 Case Management Order, and all of the dates therein, be
vacated;

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

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That the Court set a further Case Management Conference at a date and time

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following October 23, to allow the parties to engage in mediation and report to

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the Court on mediation efforts; and


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That all discovery in this Action be stayed , except insofar as the parties request

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informal discovery in order to engage in meaningful settlement negotiations, and all

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discovery deadlines be vacated pending further Order of this Court.

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///
Case No.: 5:11-cv-02390 EJD

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STIPULATION AND [PROPOSED] ORDER

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IT IS SO STIPULATED.
DATED: October 8, 2012

REED SMITH LLP

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By

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DATED: October 8, 2012

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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LAW OFFICES OF DOUGLAS J CAMPION
By

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DATED: October 8, 2012

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/s/ David S. Reidy
David S. Reidy
Attorneys for Defendants
FIA Card Services, N.A. and
Bank of America Corporation

/s/ Douglas J. Campion
Douglas James Campion
Attorney for Plaintiff
Stephenie Rose

LIEF CABRASER HEIMANN & BERNSTEIN, LLP
By_____/s/ Jonathan Selbin___________________
Jonathan Selbin
Attorneys for Plaintiff
Stephenie Rose

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*Filer’s Attestation: Pursuant to Civil L.R. 5-1(i)(3)
regarding signatures, David S. Reidy hereby attests
that concurrence in the filing of this document has
been obtained.

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Case No.: 5:11-cv-02390 EJD

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STIPULATION AND [PROPOSED] ORDER

XXXXXXXX
[PROPOSED] ORDER

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Pursuant to the above Stipulation, the January 17, 2012 Case Management Order is
VACATED.
The November 9, 2012 case management conference is CONTINUED to

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December 7,
10:00
_________________, 2012 at _______AM/PM. The Parties shall file a joint statement advising the

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November 30
Court of the status of mediation and settlement discussions no later than ____________, 2012.

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Discovery in this action is hereby STAYED and all discovery deadlines are hereby
VACATED pending further order from this court.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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SO ORDERED:

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10/10
DATED: ___________, 2012.
__________________________________________
Hon. Edward J. Davila
United States District Court Judge

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Case No.: 5:11-cv-02390 EJD

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STIPULATION AND [PROPOSED] ORDER