Thadani v. Bank Of America

Filing 20

Order by Hon. Lucy H. Koh granting 19 Stipulation.(lhklc1, COURT STAFF) (Filed on 1/25/2013)

Case5:12-cv-04414-LHK Document19 Filed01/24/13 Page1 of 2

1 Lisa M. Carvalho (SBN 161420)
Email: [e-mail]
2 Renee C. Feldman (SBN 253877)
Email: [e-mail]
3 Reed Smith LLP
101 Second Street, Suite 1800
4 San Francisco, CA 94105-3659
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendant
Bank of America, N.A.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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VINCENT THADANI,

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No.: CV 12-04414-LHK

Plaintiff,
vs.

STIPULATION AND [PROPOSED]
ORDER GRANTING LEAVE TO FILE
AMENDED ANSWER

BANK OF AMERICA, N.A.,

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Defendant.

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STIPULATION

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WHEREAS, Plaintiff Vincent Thadani (“Plaintiff”) filed his First Amended Complaint on
October 24, 2012;
WHEREAS, Defendant Bank of America, N.A. (“Defendant”) filed its Answer on
November 7, 2012; and
WHEREAS, Defendant desires to file the First Amended Answer (“Amended Answer”),
attached hereto as Exhibit A, which adds the following affirmative defense:
TWENTY-THIRD AFFIRMATIVE DEFENSE
(NATIONAL BANK ACT PREEMPTION)
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Defendant is informed and believes, and on that basis alleges, that some or all
of Plaintiff’s state law claims for relief are preempted by the National Bank Act, 12
U.S.C. § 21 et seq.

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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE AMENDED ANSWER

Case5:12-cv-04414-LHK Document19 Filed01/24/13 Page2 of 2

WHEREAS, Plaintiff stipulates to Defendant’s filing of the Amended Answer;

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NOW, THEREFORE, based on the foregoing, Plaintiff and Defendant, by and through their
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respective counsel of record, agree and stipulate as follows:
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1.

The proposed Amended Answer, attached hereto as Exhibit A, may be filed in this

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Defendant will file the Amended Answer within 3 business days of the Court’s order

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action.
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approving this stipulation.
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3.

Plaintiff reserves all rights to respond to the Amended Answer as provided by

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applicable law.

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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IT IS SO STIPULATED.
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DATED: January 24, 2013

REED SMITH LLP

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By:

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/s/ Lisa M. Carvalho
Lisa M. Carvalho
Renee C. Feldman
Attorneys for Defendant
Bank of America, N.A.

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DATED: January 24, 2013

BERGER LAW OFFICES

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By:

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/s/ Jeffrey A. Berger
Jeffrey A. Berger
Attorneys for Plaintiff
Vincent Thadani

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[PROPOSED] ORDER

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IT IS SO ORDERED.

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DATED: January 25, 2013
January __, 2013

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___________________________________
Lucy H. Koh
United States District Court Judge

US_ACTIVE-111763818

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STIPULATION AND [PROPOSED] ORDER GRANTING LEAVE TO FILE AMENDED ANSWER