Burke v. U.S. Bancorp et al

Filing 10

ORDER GRANTING 9 Stipulation to Extend Time to Respond to First Amended Complaint and Continue Initial Case Management Conference. Signed by Judge Jeffrey S. White on 6/18/09. (jjo, COURT STAFF) (Filed on 6/18/2009)

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JEFFREY F. KELLER (CA SBN 148005) [e-mail] DENISE L. DÍAZ (CA SBN 159516) ddí[e-mail] CAREY G. BEEN (CA SBN 240996) [e-mail] KELLER GROVER LLP 425 Second Street, Suite 500 San Francisco, CA 94107 Telephone: [phone] Facsimile: 415.543.7861 Attorneys for Plaintiff GEORGE T. BURKE JAMES R. McGUIRE (CA SBN 189275) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 SYLVIA RIVERA (CA SBN 223203) [e-mail] MORRISON & FOERSTER LLP 555 West Fifth Street Los Angeles, CA 90013-1024 Telephone: [phone] Facsimile: 213.892.5454 Attorneys for Defendants U.S. BANCORP and U.S. BANK NATIONAL ASSOCIATION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GEORGE T. BURKE, on behalf of himself and all others similarly situated, Plaintiff, v. U.S. BANCORP, U.S. BANK N.A., and DOES 110, inclusive, Defendants.
STIP. TO EXTEND TIME TO RESPOND TO FAC AND CONTINUE INITIAL CMC

Case No. 09-CV-1579 JSW CLASS ACTION STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES
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Pursuant to Local Rule 6-1(a) and Federal Rule of Civil Procedure 12(a), Plaintiff George T. Burke ("Plaintiff") and Defendants U.S. Bancorp and U.S. Bank National Association ("Defendants"), by and through their respective attorneys, hereby stipulate and agree as follows: WHEREAS, on April 10, 2009, Defendants removed this case from California State Superior Court; WHEREAS, the parties have since engaged in mutual discussion and an informal exchange of information regarding the conduct at issue in this litigation; WHEREAS, as a result of such discussions Plaintiff and Defendants agreed that Plaintiff's First Amended Complaint may not accurately allege certain facts and U.S. Bank's policies and procedures; WHEREAS, as a further result of such discussions the parties agreed to an extension of Defendants' time to file a responsive pleading, until June 17, 2009, while the parties determined how best to proceed; WHEREAS, Plaintiff decided that under the circumstances, amendment of the First Amended Complaint would be appropriate; WHEREAS, late in the process of preparing a second amended complaint, Plaintiff discovered that another putative class action, commenced after this action, existed in the Central District of California regarding substantially the same subject matter as the instant litigation, specifically the case of Lowe v. U.S. Bank, N.A., case no. SACV 09-0456 AG; WHEREAS, at the time of discovery of the Lowe case, counsel for Defendants were in the process of preparing notices of related cases; WHEREAS, counsel for Plaintiff and counsel for Lowe have agreed to prepare a consolidated amended complaint before this Court, the court before which the first-filed action is pending, in an effort to avoid duplicative litigation and conserve judicial resources;
STIP. TO EXTEND TIME TO RESPOND TO FAC AND CONTINUE INITIAL CMC

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WHEREAS, as a result of the anticipated consolidated amended complaint, it will be necessary for Plaintiff to make additional and previously unanticipated amendments to Plaintiff's First Amended Complaint; WHEREAS, Plaintiff and Defendants are hopeful that a stipulation can be reached regarding the filing of a Second Amended Complaint. The parties acknowledge that Defendants will require time to review the proposed Second Amended Complaint when it is available in advance of any stipulation; WHEREAS, in light of the foregoing, Plaintiff has requested an additional two week extension to allow Plaintiff's counsel and counsel in Lowe adequate time to coordinate the two cases and hopefully reach a stipulation with Defendants regarding filing a Second Amended Complaint; WHEREAS, the Initial Case Management Conference in this matter is currently scheduled for Friday, July 31, 2009 at 1:30 p.m.; WHEREAS, the Parties' Rule 26(f) Report and Joint Case Management Statement are currently due July 24, 2009, 7 days prior to the Initial Case Management Conference; WHEREAS, the Parties are currently required to file ADR Certifications and a Stipulation to ADR Process or Notice of Need for ADR Phone Conference by July 10, 2009, 21 days prior to the Initial Case Management Conference; IT IS HEREBY STIPULATED AND AGREED pursuant to Local Rule 61(a), and Federal Rule of Civil Procedure 12(a), by and between Plaintiff George Burke and Defendants U.S. Bancorp and U.S. Bank National Association, through their respective attorneys, that the time by which defendants may plead or otherwise respond to the First Amended Complaint shall be extended to and include Wednesday, July 1, 2009. IT IS FURTHER STIPULATED AND AGREED pursuant to Northern District Local Rules 6-2(a), 7-12, and 16-2(e), that the Initial Case Management Conference currently scheduled for Friday, July 31, 2009, shall be continued to
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Friday, September 4, 2009 or any date thereafter at the Court's convenience. Additionally, in accordance with FRCP 26(f) and Local Rule 16-9(a), the Parties Rule 26(f) Report and Joint Case Management Conference Statement will be due seven (7) days prior to the rescheduled Initial Case Management Conference. The ADR Certifications and a Stipulation to ADR Process or Notice of Need for ADR Phone Conference will be due twenty-one (21) days prior to the rescheduled Initial Case Management Conference. Dated: June 15, 2009 JEFFREY F. KELLER CAREY G. BEEN KELLER GROVER LLP

By: /s/ Carey G. Been Carey G. Been Attorneys for Plaintiff GEORGE T. BURKE Dated: June 15, 2009 JAMES R. MCGUIRE SYLVIA RIVERA MORRISON & FOERSTER LLP

By: /s/ Sylvia Rivera Sylvia Rivera Attorneys for Defendants U.S. BANCORP and U.S. BANK NATIONAL ASSOCIATION PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: June 18, 2009 By: ___________________________ Judge Jeffrey S. White United States District Court Judge
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STIP. TO EXTEND TIME TO RESPOND TO FAC AND CONTINUE INITIAL CMC