Rose v. Bank of America Corporation

Filing 62

ORDER AS MODIFIED BY THE COURT RE (61 in 5:11-cv-02390-EJD) STIPULATION WITH PROPOSED ORDER re (59) MOTION for Settlement Plaintiffs Notice of Motion and Memorandum of Points and Authorities in Support of Unopposed Motion for Preliminary Approval of Class Action Settlement Expediting Hearing filed by Stephanie Rose. Set/Reset Deadlines as to (59 in 5:11-cv-02390-EJD) MOTION for Settlement Plaintiffs Notice of Motion and Unopposed Motion for Preliminary Approval of Class Action Settlement: Motion Hearing set for 11/8/2013 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. IT IS FURTHER ORDERED that, going forward, the parties must file documents in both case numbers to the extend such documents apply to both case numbers because these cases are related, stand-alone cases and have not been consolidated. Signed by Judge Edward J. Davila on 10/11/2013. (ecg, COURT STAFF) (Filed on 10/11/2013)

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Jonathan D. Selbin, SBN #170222
Email: [e-mail]
Douglas Ian Cuthbertson, Admitted
Pro Hac Vice
Email: [e-mail]
250 Hudson Street, 8th Floor
New York, New York 10013
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and the Proposed Class
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[Additional Counsel Appear on Signature Page]
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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

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Plaintiff,
v.
BANK OF AMERICA CORPORATION, and
FIA CARD SERVICES, N.A.,

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Defendants.

NO. 5:11-cv-02390 EJD
CLASS ACTION
STIPULATION AND
[PROPOSED] ORDER
EXPEDITING HEARING ON
UNOPPOSED MOTION FOR
PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT

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CAROL DUKE AND JACK POSTER, on
behalf of themselves and all others similarly
situated,
Plaintiffs,

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NO. 5:11-cv-04009 EJD
CLASS ACTION

v.
BANK OF AMERICA, N.A.; BANK OF
AMERICA CORPORATION; AND FIA CARD
SERVICES, N.A.,
Defendants.

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STIPULATION AND [PROPOSED] ORDER EXPEDITING
HEARING ON UNOPPOSED MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT - 1
CASE NO. CV 11 02390 EJD
CASE NO. 5:11-CV-04009 EJD

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WHEREAS the parties have reached a proposed Settlement of this class action lawsuit

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that is intended to resolve all claims in the above-entitled case, as well as all claims in the

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related case Duke v. Bank of Am., Case No. 5:12-cv-04009 (N.D. Cal.) and claims in the

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following similar Actions: Ramirez v. Bank of Am., N.A., Case No. 11-cv-02008 (S.D. Cal.);

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Johnson v. Bank of Am., N.A., Case No. 11-cv-3040 LAB (S.D. Cal.); Makin v. Bank of Am.,

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N.A., Case No. 12-cv-1662 LAB (S.D. Cal.); and Bradshaw v. Bank of Am. Corp., 13-CV-0431

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LAB RBB (S.D. Cal.).

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WHEREAS, Plaintiffs filed an Unopposed Motion for Preliminary Approval of Class

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Action Settlement (“Motion for Preliminary Approval”) (Dkt. No. 59) on September 27, 2013.

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WHEREAS, the hearing regarding the Motion for Preliminary Approval is currently

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scheduled for February 28, 2014.
WHEREAS, if the Court grants preliminary approval, 6,261,588 Class Members will
receive notice of the terms of the Settlement through First-Class postcards.
WHERAS, on January 26, 2014, the cost to mail First-Class postcards will increase by
one cent.
WHEREAS, by expediting the Preliminary Approval Hearing so the mailing occurs
prior to the rate increase the Parties can save the Class $62,615.88 in notice costs.

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WHEREAS, the Parties will make themselves available at the Court’s convenience for

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the Preliminary Approval hearing on any weekday, including before or after regular court

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sessions. The weeks of October 21, October 28, and November 4 are especially convenient for

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the Parties and would provide the Claims Administrator sufficient time to ensure the mailing

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can be sent early enough to avoid the rate increase.

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I. STIPULATION

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The Parties agree that expediting the Preliminary Approval hearing in order to save the

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Class $62,615.88 in notice costs is in the best interest of the Class and will make themselves

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available at the Court’s convenience for an expedited hearing.

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STIPULATION AND [PROPOSED] ORDER EXPEDITING
HEARING ON UNOPPOSED MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT - 2
CASE NO. CV 11 02390 EJD
CASE NO. 5:11-CV-04009 EJD

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STIPULATED, DATED AND RESPECTFULLY SUBMITTED this 7th day of
October, 2013.
LIEFF, CABRASER, HEIMANN
& BERNSTEIN, LLP

REED SMITH LLP

By: /s/ Douglas I. Cuthbertson, Pro Hac Vice
Jonathan D. Selbin, SBN #170222
Email: [e-mail]
Douglas Ian Cuthbertson, Admitted
Pro Hac Vice
Email: [e-mail]
250 Hudson Street, 8th Floor
New York, New York 10013
Telephone: [phone]
Facsimile: [phone]

By:

Douglas J. Campion, SBN #75381
Email: [e-mail]
LAW OFFICE OF DOUGLAS
J. CAMPION
409 Camino Del Rio South, Suite 303
San Diego, California 92108
Telephone: [phone]
Facsimile: [phone]

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Beth E. Terrell, SBN #178181
Email: [e-mail]
TERRELL MARSHALL DAUDT
& WILLIE PLLC
936 North 34th Street, Suite 300
Seattle, Washington 98103-8869
Telephone: [phone]
Facsimile: [phone]

David S. Reidy, SBN #225904
Marc A. Lackner (SBN 111753)
Email: [e-mail]
David S. Reidy (SBN 225904)
Email: [e-mail]
Matthew J. Brady (SBN 254333)
Email: [e-mail]
101 Second Street, Suite 1800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

Abraham J. Colman (SBN 146933)
Email: [e-mail]
Felicia Y. Yu (SBN 193316)
Email: [e-mail]
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants

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Daniel M. Hutchinson, SBN #239458
Email: [e-mail]
LIEFF, CABRASER, HEIMANN
& BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, California 94111-3339
Telephone: [phone]
Facsimile: [phone]
STIPULATION AND [PROPOSED] ORDER EXPEDITING
HEARING ON UNOPPOSED MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT - 3
CASE NO. CV 11 02390 EJD
CASE NO. 5:11-CV-04009 EJD

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Joshua B. Swigart, SBN #225557
Email: [e-mail]
Robert L. Hyde, SBN #227183
Email: [e-mail]
HYDE & SWIGART
411 Camino Del Rio South, Suite 301
San Diego, California 92108-3551
Telephone: [phone]
Facsimile: [phone]
Abbas Kazerounian, SBN #249203
Email: [e-mail]
KAZEROUNI LAW GROUP
2700 North Main Street, Suite 1000
Santa Ana, California 92866
Telephone: [phone]
Facsimile: [phone]
Matthew R. Wilson, Admitted
Pro Hac Vice
Email: [e-mail]
MEYER WILSON CO., LPA
1320 Dublin Road, Suite 100
Columbus, Ohio 43215
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs and the Proposed
Class

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II. [PROPOSED] ORDER

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Based on the foregoing stipulation of the parties,

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IT IS HEREBY ORDERED that the Preliminary Approval hearing currently scheduled

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November 8,
for February 28, 2014 shall be expedited and rescheduled to _______, 2013.2013, at 9:00 a.m.
IT IS FURTHER ORDERED that, going forward, the parties must file documents in both
DATED this ______ day of _______________________, 2013.
case numbers to the extend such documents apply to both case numbers because these
cases are related, stand-alone cases and have not been consolidated.
DATED: October 11, 2013

_______________________________
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER EXPEDITING
HEARING ON UNOPPOSED MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT - 4
CASE NO. CV 11 02390 EJD
CASE NO. 5:11-CV-04009 EJD