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In re Chase Bank USA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


September 15, 2010

IN RE: CHASE BANK USA, N.A. "CHECK LOAN" CONTRACT LITIGATION

The opinion of the court was delivered by: The Honorable Maxine M. Chesney United States District Court Judge

THIS DOCUMENT RELATES TO: STIPULATED [Proposed] ORDER ALL CASES. REMOVING AND ADDING PUTATIVE CLASS REPRESENTATIVES

MDL No. 2032

and putative class representatives in the operative Master Class Action Complaint filed in this 3 matter on July 26, 2009 ("Master Complaint"); named plaintiffs and putative class representatives in this matter;

WHEREAS, Margaret Conley, Marc Zimet, and JoAnn Candelaria were named plaintiffs

WHEREAS, Margaret Conley, Marc Zimet, and JoAnn Candelaria wish to withdraw as

WHEREAS, the parties have agreed that Margaret Conley, Marc Zimet, and JoAnn Candelaria should be permitted to withdraw as named plaintiffs and putative class representatives in this matter; the putative class, as defined in the Master Complaint, the statute of limitations for their claims are tolled to the same extent and in the same manner as for all other putative class members; defined in the Master Complaint;

class representatives in the Master Complaint;

WHEREAS, because Margaret Conley, Marc Zimet, and JoAnn Candelaria remain within

WHEREAS, James Hanisch and Frederic Soliman are members of the putative class, as

WHEREAS, James Hanisch and Frederic Soliman were not named plaintiffs or putative

WHEREAS, Plaintiffs, by and through their counsel, wish to add James Hanisch and Frederic Soliman as named plaintiffs and putative class representatives in this matter;

WHEREAS, the parties have agreed that Plaintiffs should be permitted to add James Hanisch and Frederic Soliman as named plaintiffs and putative class representatives in this matter;

WHEREAS, the parties agree that an amended complaint need not be filed, and that Defendants need not amend their Answer and Affirmative Defenses to the Master Complaint; concede that this action is appropriate for class certification, and do not concede that the claims alleged in the Master Complaint entitle any plaintiff to relief; in the Master Complaint filed July 26, 2009;

WHEREAS, by consenting to the amendments described above, Defendants do not

WHEREAS, plaintiffs Hanisch and Soliman are deemed to assert the same claims alleged

WHEREAS, the Court's November 20, 2009, order on Defendants' Motion to Dismiss (the "MTD Order") binds plaintiffs Hanisch and Soliman to the same extent as if they had been plaintiffs named in the Master Complaint when the Motion to Dismiss was filed and determined; and January 8, 2010 (the "Discovery Requests"), are deemed to be served on plaintiffs Hanisch and

IT IS HEREBY STIPULATED, by and between the parties, through their respective counsel of record, that (a) Margaret Conley, Marc Zimet, and JoAnn Candelaria shall be removed as named plaintiffs and putative class representatives in this matter, but shall maintain their claims as members of the putative class; (b) Margaret Conley, Marc Zimet, and JoAnn Candelaria shall not seek to serve as representative plaintiffs on behalf of the putative class in this matter at any time in the future; (c) James Hanisch and Frederic Soliman shall be added as named plaintiffs and putative class representatives in this matter; (d) the foregoing amendments will be effective without the filing of an amended complaint or amending the Answer and Affirmative Defenses;

(e) Defendants are not conceding that this action is appropriate for class certification, and are not conceding that the claims alleged in the Master Complaint entitle any plaintiff to relief; (f) the MTD Order binds plaintiffs Hanisch and Soliman as if they had been plaintiffs when the Motion to Dismiss was filed and determined; and (g) the Discovery Requests are deemed to be served on plaintiffs Hanisch and Soliman as of the date this Stipulation is approved.

WHEREAS, the Special Interrogatories to Plaintiffs, Set One, Request for Production to Documents to Plaintiffs, Set One and Requests for Admission to Plaintiffs, Set One, served Soliman as of the date this Stipulation is approved.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20100915

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