Faughn et al v. JPMorgan Chase Bank, NA

Filing 31

MOTION for extension of time to file response/reply as to 23 MOTION for Order (SEALED) to Claw Back Confidential Materials and to Strike (Unopposed Motion for Extension of Time to File Reply Brief) filed by Gardiner B. Davis on behalf of JPMorgan Chase Bank, N.A.. Suggestions in opposition/response due by 7/10/2014 unless otherwise directed by the court. (Related document(s) 23 ) (Davis, Gardiner)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
MARK FAUGHN, TERRIE FAUGHN,
MARVIN L. GLASS, CAROLYN S. GLASS,
THOMAS MCINTYRE, DEBORAH
MCINTYRE and ROGER SPARKS,
Civil Action No. 4:14-cv-245
Plaintiffs,
v.
JPMORGAN CHASE BANK, N.A.,
Defendant.
UNOPPOSED MOTION
FOR EXTENSION OF TIME TO FILE REPLY BRIEF
Pursuant to Local Rule 16.3, Defendant JPMorgan Chase Bank, N.A. (“Chase”) hereby
moves the Court for a brief extension of time to file its reply brief in support of its Motion to
Claw Back Confidential Materials and to Strike the Complaint filed on April 30, 2014 (the
“Clawback Motion”), in order to obtain approval to transmit to this Court certain sealed filings
which Chase wishes to cite in its reply brief. In support of its motion, Chase states as follows:
1.

On March 26, 2014, the Court entered an order setting a briefing schedule on the

Clawback Motion. ECF No. 20. Among other deadlines, the Court’s order set the deadline for
Chase to file its reply brief as June 20, 2014. Id. at 2.
2.

In response to the arguments asserted in Plaintiffs’ Opposition to the Clawback

Motion, Chase intends to provide the Court with additional sealed documents filed in Hollis, et
al. v. JPMorgan Chase Bank, N.A., No. 1:12-cv-10544-JGD (D. Mass.). In particular, Chase
wishes to provide the Court with an amicus brief filed by the Office of the Comptroller of
Currency in Hollis, which addresses a number of issues raised by Plaintiffs in their Opposition.

4834-3848-8347.

3.

On June 12, 2014, Chase submitted a request to the Hollis court to transmit those

sealed documents to this Court, but the Hollis court has not yet ruled on Chase’s request.
4.

Chase intends to discuss at least one of those sealed documents in its reply brief,

but Chase cannot submit a brief referring to the content any sealed documents unless and until it
receives permission to do so from the Hollis court.
5.

Good cause exists to extend the deadline for submission of Chase’s reply brief

because Chase will be able to submit a more comprehensive discussion of the issues if can
discuss the sealed documents in its reply brief.
6.

Therefore, Chase respectfully requests that the deadline to file its reply brief be

extended until such time as the Hollis court grants or denies Chase’s request to transmit sealed
documents to this Court. Chase proposes to file its reply brief on the next business day after the
Hollis court issues its decision on Chase’s request.
7.

Plaintiffs assent to this motion as long as Chase’s reply brief is filed no later than

July 7, 2014.
Date: June 20, 2014

Respectfully submitted,
SPENCER FANE BRITT & BROWNE LLP

By:
/s/Gardiner B. Davis
Gardiner B. Davis, #29127
Leslie A. Greathouse, #48341
Nathan A. Orr, #49836
1000 Walnut Street, Suite 1400
Kansas City, MO 64106
[phone]
[phone] (facsimile)
[e-mail]
[e-mail]
[e-mail]
- And 2
4834-3848-8347.

OF COUNSEL:
Beth I.Z. Boland (admitted pro hac vice)
Stephen J. Quinlan (admitted pro hac vice)
FOLEY & LARDNER LLP
111 Huntington Ave., Ste. 2600
Boston, MA 02108
[phone]
[e-mail]
[e-mail]
Rachel M. Blise (admitted pro hac vice)
FOLEY & LARDNER LLP
777 E. Wisconsin Ave.
Milwaukee, WI 53202
[phone]
[e-mail]
ATTORNEYS FOR DEFENDANT

3
4834-3848-8347.

CERTIFICATE OF SERVICE
I hereby certify that the foregoing document was filed under utilizing the CM/ECF
system which generated a notice to all counsel of record.
Dated: June 20, 2014
/s/Gardiner B. Davis
Attorney for Defendant
JPMorgan Chase Bank. N.A.

4
4834-3848-8347.