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)

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1 Marc A. Lackner (SBN 111753) Email: mlackner@reedsmith.com 2 David S. Reidy (SBN 225904) Email: dsreidy@reedsmith.com 3 Matthew J. Brady (SBN 254333) Email: mbrady@reedsmith.com 4 REED SMITH LLP 101 Second Street, Suite 1800 5 San Francisco, CA 94105-3659 Telephone: +1 415 543 8700 +1 415 391 8269 6 Facsimile: 7 Attorneys for Defendants FIA Card Services, N.A., and 8 Bank of America Corporation 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION 13 14 STEPHENIE ROSE, on behalf of herself and 15 all others similarly situated, _______________________________/ CAROL DUKE ET AL, Plaintiffs, 16 17 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., 19 Defendants. 20 Current Hearing Date: Date: July 12, 2013 Time: 10:00 a.m. Crtm: 4 The Honorable Edward J. Davila 21 22 23 24 25 26 27 28 Case No.: 5:11-cv-02390 EJD -1JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE 1 2 3 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 4 America Corporation (“Defendants”) (collectively, the “Parties”), by and through their counsel of 5 6 7 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 11 process of finalizing a formal Settlement Agreement and conducting confirmatory discovery for 12 settlement purposes; and 13 14 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 18 19 Settlement Agreement to the Court for preliminary approval” (Id.); and WHEREAS, relying on the Parties’ Joint Statement, the Court, on February 12, 2013, issued 20 21 22 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 24 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 26 large class sizes and data issues involved” (Dkt. 49); and 27 WHEREAS, relying on the Parties’ Joint Stipulation, the Court, on May 7, 2013, issued an 28 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 3 WHEREAS, the Parties have completed all confirmatory discovery; and 4 WHEREAS, the Parties are negotiating in good faith the incorporation of certain information 5 6 7 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 9 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 11 WHEREAS, given that a final settlement agreement appears to be imminent, the Parties 12 believe it would be the most efficient use of the Court’s time to continue the status conference 13 14 15 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 18 19 September 13, 2013. IT IS SO STIPULATED. 20 21 DATED: July 9, 2013 REED SMITH LLP 22 By: 23 24 25 26 /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 27 28 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 2 By: /s/ Douglas J. Campion Douglas J. Campion Attorney for Plaintiff Stephenie Rose 3 4 5 6 7 8 9 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 10 11 12 *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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 5:11-cv-02390 EJD -4JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE 1 2 3 4 5 6 7 8 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 [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 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 5:11-cv-02390 EJD -5JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

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