Scott F Savage v. Citibank N.A. et al

Filing 22

ORDER Granting 21 Stipulation Regarding Briefing Schedule on Defendants' Motion to Compel Arbitration and Stay Action. Re-noticed motion due by 11/14/2014. Response due by 12/4/2014. Reply due by 12/17/2014. Motion Hearing set for 2/5/2015 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Signed by Hon. Beth Labson Freeman on 11/13/2014. (blflc2, COURT STAFF) (Filed on 11/13/2014)

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LAFAYETTE & KUMAGAI LLP
GARY T. LAFAYETTE (State Bar No. 88666)
[e-mail]
APRIL SANTOS (State Bar No. 266367)
[e-mail]
101 Mission Street, Suite 600
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
CITIBANK, N.A., DEPARTMENT STORES NATIONAL
BANK, and FDS BANK

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

[phone]
[phone]

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FAX

STREET, SUITE 600
, CALIFORNIA 94105

101 MISSION

SAN FRANCISCO

KUMAGAI
&

LAFAYETTE

ATTORNEYS AT LAW

LLP

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SCOTT F. SAVAGE,

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Plaintiff,

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vs.

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CITIBANK, N.A., DEPARTMENT STORES
NATIONAL BANK, FDS BANK,

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Case No.: 5:14-CV-03633 BLF

Defendants.

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STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING
SCHEDULE ON DEFENDANTS’
MOTION TO COMPEL
ARBITRATION AND TO STAY
ACTION
Judge:
Hon. Beth Labson Freeman
Complaint Filed: August 11, 2014

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Pursuant to Civil Local Rules 6-1(b) and 6-2, Plaintiff SCOTT F. SAVAGE (“Plaintiff”)

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and Defendants CITIBANK, N.A. (“Citibank”), DEPARTMENT STORES NATIONAL BANK

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(“DSNB”), and FDS Bank (“FDS”) ("Defendants")(collectively, the "Parties") through their

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respective counsel, hereby stipulate as follows:

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WHEREAS on September 25, 2014, Defendants filed a Motion to Compel Arbitration

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and to Stay Action with hearing originally set for November 4, 2014 before Magistrate Judge

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Howard R. Lloyd;

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WHEREAS on September 30, 2014, Plaintiff filed a Declination to Magistrate Judge
Jurisdiction;
STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE ON
DEFENDANTS’ MOTION TO COMPEL ARBITRATION AND TO STAY ACTION (Case No.:
5:14-CV-03633 BLF)

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WHEREAS on September 30, 2014, the Court issued an Order reassigning this matter to

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the Honorable Beth Labson Freeman and instructing that all motions be re-noticed for hearing

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before Judge Freeman [Dkt No. 18];

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WHEREAS, pursuant to Judge Freeman’s Standing Order Re: Civil Cases, Defendants

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contacted the Court to request a December 18, 2014 hearing date for Defendants’ Motion to

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Compel Arbitration and to Stay Action on Judge Freeman’s Civil Law and Motion Calendar;

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[phone]
[phone]

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FAX

STREET, SUITE 600
, CALIFORNIA 94105

101 MISSION

SAN FRANCISCO

KUMAGAI
&

LAFAYETTE

ATTORNEYS AT LAW

LLP

11

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WHEREAS, Defendants were advised by Judge Freeman’s Calendar Clerk that the
earliest possible hearing date on Judge Freeman’s calendar was February 5, 2015;
WHEREAS, on October 31, 2014 Defendants received confirmation from the Court that
February 5, 2015 would be reserved for the hearing on Defendants’ Motion;
WHEREAS counsel for the Parties have met and conferred regarding a briefing schedule
on Defendants’ Motion to Compel Arbitration and Stay Action;
WHEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
Pursuant to Judge Freeman’s Standing Order Re Civil Cases, Defendants shall re-file and
serve their Motion to Compel Arbitration and Stay Action on or before November 14, 2014;
Plaintiff shall file and serve his Opposition to Defendants’ Motion to Compel Arbitration
and to Stay Action on or before December 4, 2014;
Defendants shall file and serve their Reply to Plaintiff’s Opposition to Defendants’
Motion to Compel Arbitration and to Stay Action on or before December 17, 2014; and
Defendants’ Motion to Compel Arbitration shall be heard on Thursday, February 5, 2015
at 9:00 a.m. before the Hon. Beth Labson Freeman in Courtroom 3, 5th Floor.
IT IS SO STIPULATED.

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DATED: November 11, 2014

/s/ Ronald Wilcox
RONALD WILCOX
Attorney for Plaintiff SCOTT F. SAVAGE

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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE ON
DEFENDANTS’ MOTION TO COMPEL ARBITRATION AND TO STAY ACTION (Case No.:
5:14-CV-03633 BLF)

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DATED: November 11, 2014

LAFAYETTE & KUMAGAI LLP

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/s/ April P. Santos
APRIL P. SANTOS
Attorneys for Defendants
CITIBANK, N.A., DEPARTMENT STORES
NATIONAL BANK, and FDS BANK

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SIGNATURE ATTESTATION
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I hereby attest that I have obtained the concurrence of Ronald Wilcox, counsel for
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Plaintiff, for the filing of this stipulation.
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/s/April P. Santos
APRIL P. SANTOS

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ORDER

[phone]
[phone]

12

FAX

STREET, SUITE 600
, CALIFORNIA 94105

101 MISSION

SAN FRANCISCO

KUMAGAI
&

LAFAYETTE

ATTORNEYS AT LAW

LLP

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THE COURT, having considered the Stipulation of the Parties and good cause appearing,

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orders as follows:

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1.

Pursuant to Judge Freeman’s Standing Order Re Civil Cases, Defendants shall re-

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file and serve their Motion to Compel Arbitration and Stay Action on or before November 14,

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2014 with a noticed hearing date of February 5, 2015;1

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2.

Plaintiff shall file and serve his Opposition to Defendants’ Motion to Compel

Arbitration and to Stay Action on or before December 4, 2014;

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2.

Defendants shall file and serve their Reply to Plaintiff’s Opposition to

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Defendants’ Motion to Compel Arbitration and to Stay Action on or before December 17, 2014;

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and

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3.

February 5, 2015 at 9:00 a.m. before the Hon. Beth Labson Freeman in Courtroom 3, 5th Floor.

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The hearing on Defendants’ Motion to Compel Arbitration is set for Thursday,

IT IS SO ORDERED.
DATED: November 13, 2014
____________________________________
HON. BETH LABSON FREEMAN

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Defendant’s present Motion to Compel Arbitration, ECF 12, is hereby withdrawn.

STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE ON
DEFENDANTS’ MOTION TO COMPEL ARBITRATION AND TO STAY ACTION (Case No.:
5:14-CV-03633 BLF)

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