Ellsworth v. U.S. Bank, N.A.
Filing
56
STIPULATION AND ORDER CHANGING DATE OF CASE MANAGEMENT CONFERENCE: Case Management Conference reset to 9/19/2012 at 10:30 AM in Courtroom C, 15th Floor, San Francisco. Signed by Judge Magistrate Laurel Beeler on 8/31/2012. (ls, COURT STAFF) (Filed on 8/31/2012)
<![CDATA[
1
2
3
4
Matthew C. Helland, CA State Bar No. 250451
helland@nka.com
NICHOLS KASTER, LLP
One Embarcadero Center, Suite 720
San Francisco, CA 94111
Telephone: (415) 277-7235
Facsimile: (415) 277-7238
5
6
7
8
9
10
11
Rebekah L. Bailey, CA State Bar No. 258551
E. Michelle Drake, MN Bar No. 0387366*
Kai Richter, MN Bar No. 0296545*
Sarah W. Steenhoek, MN Bar No. 0390258*
*(admitted pro hac vice)
NICHOLS KASTER, PLLP
4600 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 215-6870
12
13
Attorneys for Plaintiff and the Putative Classes
14
15
UNITED STATES DISTRICT COURT
16
NORTHERN DISTRICT OF CALIFORNIA
17
SAN FRANCISCO DIVISION
18
19
STEPHEN ELLSWORTH, as an individual
and as a Representative of the classes and on
behalf of the general public,
20
Plaintiff,
21
22
v.
Case No. 3:12-cv-02506-LB
STIPULATED REQUEST FOR
ORDER CHANGING DATE OF CASE
MANAGEMENT CONFERENCE
ORDER
U.S. BANK, N.A. and American Security
Insurance Company,
23
[CIVIL L.R. 6-2 AND 16-2(E)]
Defendants.
24
25
26
27
28
STIPULATED REQUEST FOR ORDER CHANGING DATE OF CASE MGT. CONFERENCE
CASE NO. 3:12-cv-02506-LB
1
Pursuant to Local Rules 6-2 and 16-2(e), Plaintiff Stephen Ellsworth (“Plaintiff”), on
2
behalf of himself and all others similarly situated, and Defendants U.S. Bank, National
3
Association (“U.S. Bank”), and American Security Insurance Company (“ASIC”) through their
4
undersigned counsel, respectfully request that the Court adjust the date of the upcoming Case
5
Management Conference (“CMC”), which is currently scheduled for September 20, 2012 at 10:30
6
a.m.
7
Plaintiff suggests that the CMC be rescheduled to September 19, 2012 at 10:30 a.m. (the
8
same time as the hearing on U.S. Bank’s pending motion to compel arbitration). The Court has
9
already changed the hearing date on U.S. Bank’s motion to compel arbitration from September 20
10
to September 19 in order to allow counsel for all parties to appear before the MDL Panel on
11
September 20, 2012 in connection with a pending motion to transfer this action and other actions
12
to a proposed MDL proceeding. See ECF No.48. Plaintiff believes that it would be most
13
efficient to move the CMC to the same date as the motion to compel hearing, and will allow
14
counsel for all parties to attend both the proceedings before this Court and the hearing before the
15
MDL Panel.
16
Defendants do not believe that it would be productive, or a good use of the Court’s time,
17
to conduct a CMC at this time. U.S. Bank has moved to compel arbitration, and ASIC intends to
18
move to dismiss the complaint on August 31, 2012. Defendants suggest deferring the CMC until
19
each of these issues has been resolved. However, in the event that the Court decides to schedule
20
the CMC before the motions to compel and to dismiss are decided, Defendants are available on
21
September 19, 2012 at 10:30 a.m., provided that some of their counsel may appear telephonically.
22
Defendants do not object to moving the hearing date from the current date (September 20, 2012)
23
in light of the pending MDL motion.
24
25
26
27
28
STIPULATED REQUEST FOR ORDER CHANGING DATE OF CASE MGT. CONFERENCE
CASE NO. 3:12-cv-02506-LB
1
2
Dated: August 30, 2012
By:
/s/Kai H. Richter
KAI H. RICHTER (Pro Hac Vice)
NICHOLS KASTER, PLLP
4600 South 8th Street
Minneapolis, MN 55402
Attorney for Plaintiff
Dated: August 30, 2012
By:
/s/James R. McGuire
JAMES R. McGUIRE
MORRISON & FOERSTER, LLP
425 Market Street
San Francisco, CA 94105
Attorney for U.S. Bank
Dated: August 30, 2012
By: /s/Peter S. Hecker
PETER S. HECKER
SHEPPARD MULLIN RICHTER &
HAMPTON, LLP
Four Embarcadero Center Seventeenth Floor
San Francisco, CA 94111
Attorney for American Security Insurance
Company
3
4
5
6
7
8
9
10
11
12
15
16
17
S
UNIT
ED
20
Date: August 31, 2012
VED
APPRO
NO
19
aure
Judge L
21
LI
ER
H
24
RT
23
l Beeler
A
22
RT
U
O
18
S DISTRICT
TE
C
TA
R NIA
14
FO
13
N
F
D IS T IC T O
R
C
25
26
27
28
STIPULATED REQUEST FOR ORDER CHANGING DATE OF CASE MGT. CONFERENCE
CASE NO. 3:12-cv-02506-LB
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
