Keefauver v. Bank of America, National Association

Filing 36

ORDER by Magistrate Judge Howard R. Lloyd denying as moot 23 Bank of America's Motion for Judgment on the Pleadings; granting 35 Parties' Second Stipulated Request to Extend Scheduling Deadlines. Fact discovery cutoff: 9/27/2013. Designation of experts with reports: 10/15/2013. Designation of rebuttal experts with reports: 10/28/2013. Expert discovery cutoff: 11/25/2013. Last day for hearing on dispositive motions: 1/28/2014, 10:00 AM. Final Pretrial Conference set for 4/1/2014, 1:30 PM. (hrllc2, COURT STAFF) (Filed on 7/23/2013)

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*E-FILED: July 23, 2013*

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NOT FOR CITATION

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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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No. C12-06080 HRL

LAWRENCE KEEFAUVER,
For the Northern District of California

United States District Court

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Plaintiff,
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v.
BANK OF AMERICA, NATIONAL
ASSOCIATION, an FDIC insured corporation
and DOES 1-100, inclusive,

ORDER (1) DENYING AS MOOT BANK
OF AMERICA’S MOTION FOR
JUDGMENT ON THE PLEADINGS; (2)
GRANTING THE PARTIES’ SECOND
STIPULATED REQUEST TO EXTEND
SCHEDULING DEADLINES
[Re: Docket Nos. 23, 35]

Defendant.
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Now before the court is the parties’ second stipulated request for an extension of the

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case schedule. The stated reason for their request is that the court has not yet ruled on Bank of

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America’s motion for judgment on the pleadings. However, in granting the parties first request

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for an extension of all case management deadlines, this court understood that the primary reason

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for the requested extension was that (1) plaintiff recently learned that FIA Card Services was

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the entity that issued the account in question; (2) the parties’ intended to file a stipulated request

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to dismiss Bank of America and to permit plaintiff to amend the complaint to add FIA Card

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Services; and (3) the parties wanted additional time to conduct discovery, particularly since FIA

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Card Services would be added to the case. (Dkt. No. 33, Osborne-Revis Decl. ¶ 3). Despite

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those representations, apparently no efforts have been made to add FIA Card Services, whom

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the parties indicate is the proper defendant.

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Since the parties evidently agree that Bank of America does not belong in this case,

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Bank of America’s motion for judgment on the pleadings is denied as moot. The case schedule

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will be extended as follows:

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Fact Discovery Cutoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . September 27, 2013

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Designation of Experts with Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . October 15, 2013

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Designation of Rebuttal Experts with Reports . . . . . . . . . . . . . . . . . . . October 28, 2013

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Expert Discovery Cutoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . November 25, 2013

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Last Day for Hearing on Dispositive Motions . . . . . . . . . . January 28, 2014, 10:00 a.m.

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Final Pretrial Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . April 1, 2014, 1:30 p.m.

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For the Northern District of California

United States District Court

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To the extent plaintiff seriously intends to pursue claims against FIA Card Services, he
shall promptly take steps to have that entity added to the case.
SO ORDERED.
Dated: July 23, 2013
________________________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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5:12-cv-06080-HRL Notice has been electronically mailed to:

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Abraham Joshua Colman [e-mail], [e-mail],
[e-mail], [e-mail]

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Elliot Wayne Gale [e-mail], [e-mail],
[e-mail]

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Jarrett Stanton Osborne-Revis

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Raagini Rashmi Shah

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Scott Joseph Sagaria

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William Guy Malcolm

[e-mail]

[e-mail], [e-mail]
[e-mail], [e-mail]
[e-mail], [e-mail]

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For the Northern District of California

United States District Court

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