Rose v. Bank of America Corporation

Filing 53

STIPULATION AND ORDER AS MODIFIED BY THE COURT re 52 Joint Stipulation and [Proposed] Order to Continue Status Conference filed by Bank of America Corporation, Stephanie Rose, FIA Card Services, N.A. Status Conference set for 9/13/2 013 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. All counsel in both cases must appear personally at the status conference on 9/13 unless the motion for preliminary approval is filed prior to that date. The court will no t consider further requests for a continuance of the status conference or requests to appear telephonically. This order shall be filed in both case numbers. **7/12/2013 Status Conference Deadlines terminated. Signed by Judge Edward J. Davila on 7/10/2013. (ecg, COURT STAFF) (Filed on 7/10/2013)

1 Marc A. Lackner (SBN 111753)
Email: [e-mail]
2 David S. Reidy (SBN 225904)
Email: [e-mail]
3 Matthew J. Brady (SBN 254333)
Email: [e-mail]
4 REED SMITH LLP
101 Second Street, Suite 1800
5 San Francisco, CA 94105-3659
Telephone:
[phone]
[phone]
6 Facsimile:
7 Attorneys for Defendants
FIA Card Services, N.A., and
8 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
15 all others similarly situated,
_______________________________/
CAROL DUKE ET AL,
Plaintiffs,
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Case No.: 5:11-cv-02390 EJD
Case No.: 5:12-cv-04009 EJD
JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
STATUS CONFERENCE

vs.

18 BANK OF AMERICA CORPORATION,
and FIA CARD SERVICES, N.A.,
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Defendants.
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Current Hearing Date:
Date:
July 12, 2013
Time:
10:00 a.m.
Crtm:
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The Honorable Edward J. Davila

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Case No.: 5:11-cv-02390 EJD
-1JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

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STIPULATION
This Joint Stipulation is made by and between Plaintiff Stephenie Rose, on behalf of herself
and 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”), by and through their counsel of
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record, with reference to the following facts:
WHEREAS, on February 8, 2013, the Parties filed a Joint Statement Regarding Status of

8 Mediation and Settlement Discussions (Dkt. 47), in which the Parties explained that they had arrived
9 at the terms of a provisional settlement agreement in this case and related cases, including Duke, et

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 al. v. Bank of America, N.A., et al., Case No. 5:12-cv-4009-EJD, and that the Parties were in the
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process of finalizing a formal Settlement Agreement and conducting confirmatory discovery for

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settlement purposes; and
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WHEREAS, the Parties requested in their Joint Statement that the February 15, 2013, case

15 management conference be continued and that “the Court set a preliminary settlement approval
16 hearing for 9:00 a.m. on May 17, 2013, to allow the Parties sufficient time to complete confirmatory
17 discovery, negotiate in good faith the specific terms of a Settlement Agreement, and submit a
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Settlement Agreement to the Court for preliminary approval” (Id.); and
WHEREAS, relying on the Parties’ Joint Statement, the Court, on February 12, 2013, issued

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and Order vacating the February 15, 2013, case management conference, and scheduling a hearing
on the Parties’ anticipated motion for preliminary approval of class action settlement for Friday,

23 May 17, 2013, at 9:00 a.m. (Dkt. 48); and
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WHEREAS, on May 6, 2013, the Parties filed a Joint Stipulation to continue the May 17,

25 2013, settlement approval hearing in order to “complete necessary confirmatory discovery given the
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large class sizes and data issues involved” (Dkt. 49); and

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WHEREAS, relying on the Parties’ Joint Stipulation, the Court, on May 7, 2013, issued an
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Case No.: 5:11-cv-02390 EJD
-2JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

1 order vacating the May 17, 2013, preliminary approval hearing and scheduling a status conference
2 for July 12, 2013, at 10:00 a.m. (Dkt. 50); and
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WHEREAS, the Parties have completed all confirmatory discovery; and

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WHEREAS, the Parties are negotiating in good faith the incorporation of certain information
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gleaned through confirmatory discovery into the Parties’ settlement agreement; and
WHEREAS, the Parties anticipate that they will have a final settlement agreement in place in

8 the coming weeks; and
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WHEREAS, the Parties intend to file their motion for Preliminary Approval immediately

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

10 upon finalizing their settlement agreement; and
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WHEREAS, given that a final settlement agreement appears to be imminent, the Parties

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believe it would be the most efficient use of the Court’s time to continue the status conference
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approximately sixty (60) days;
NOW, THEREFORE, based on the foregoing, the Parties, by and through their respective

16 counsel of record, request that the Court vacate the status conference currently scheduled for Friday,
17 Friday, July 12, 2013, at 10:00 a.m., and request that the Court set a further status conference on
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September 13, 2013.
IT IS SO STIPULATED.

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21 DATED: July 9, 2013

REED SMITH LLP

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By:
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/s/ David S. Reidy
Marc A. Lackner
David S. Reidy
Matthew J. Brady
Attorneys for Defendants
FIA Card Services, N.A. and
Bank of America Corporation

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Case No.: 5:11-cv-02390 EJD
-3JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

1 DATED: July 9, 2013

LAW OFFICES OF DOUGLAS J CAMPION

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By: /s/ Douglas J. Campion
Douglas J. Campion
Attorney for Plaintiff
Stephenie Rose

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DATED: July 9, 2013

LIEFF CABRASER HEIMANN &
BERNSTEIN LLP
By:

/s/ Jonathan D. Selbin
Jonathan D.Selbin
Attorneys for Plaintiff
Stephenie Rose

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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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
-4JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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[PROPOSED] ORDER
Pursuant to the stipulation above, and good cause appearing thereon, the status conference
currently scheduled for Friday, July 12, 2013, at 10:00 a.m., is hereby vacated and a further status
9/13/2013
10:00
conference is scheduled on _____________, 2013, at ______ AM/PM.for case numbers
5:11-cv-02390 EJD and 5:12-cv-04009 EJD. All counsel in both cases must appear
personally at the status conference on 9/13 unless the motion for preliminary approval
is filed prior to that date. The court will not consider further requests for a continuance
of the status conference or requests to appear telephonically.
SO ORDERED: be filed in both case numbers.
This order shall
IT IS SO ORDERED.
July 10, 2013
DATED: ____________, 2013
By:
Honorable Edward J. Davila
United States District Court Judge

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Case No.: 5:11-cv-02390 EJD
-5JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE