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Carol Duke and Jack Poster, On v. Bank of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


September 17, 2012

CAROL DUKE AND JACK POSTER, ON
BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
BANK OF AMERICA, N.A.; BANK OF AMERICA CORPORATION; AND FIA CARD SERVICES, N.A.,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Thelton E. Henderson United States District Court Judge

LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 2 Jonathan D. Selbin (State Bar No. 170222) jselbin@lchb.com 3 250 Hudson Street, 8th Floor New York, NY 10013 4 Telephone: (212) 355-9500 Facsimile: (212) 355-9592 5 LIEFF CABRASER HEIMANN 6 & BERNSTEIN, LLP Daniel M. Hutchinson (State Bar No. 239458) 7 dhutchinson@lchb.com Eduardo E. Santacana (State Bar No. 281668) 8 esantacana@lchb.com 275 Battery Street, 29th Floor 9 San Francisco, CA 94111-3339 Telephone: 415.956.1000 10 Facsimile: 415.956.1008 11 MEYER WILSON CO., LPA Matthew R. Wilson (pro hac vice to be filed) 12 mwilson@meyerwilson.com 1320 Dublin Road, Ste. 100 13 Columbus, OH 43215 Telephone: (614) 224-6000 14 Facsimile: (614) 224-6066 15 Attorneys for Plaintiffs and the Proposed Class 16

STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES

Carol Duke and Jack Poster ("Plaintiffs") and Defendants Bank of America, N.A., Bank 2 of America Corporation, and FIA Card Services, N.A. ("Defendants"), through their undersigned 3 counsel, hereby stipulate as follows:

WHEREAS, on July 30, 2012, Plaintiffs filed their Class Action Complaint (the "Complaint") (Dkt. No. 1); 6

WHEREAS, on August 27, 2012, Defendants filed their Answer to Complaint (the 5 "Answer") (Dkt. No. 10), alleging 24 separate affirmative defenses;

WHEREAS, on August 31, 2012 (Dkt. No. 11), Defendants filed a Motion to Dismiss 7 9 pursuant to the First-to-File Rule, or in the alternative, Stay Action; 10

WHEREAS, Defendants' Motion is scheduled to be heard on Monday, October 15, 2012;

WHEREAS, the parties have met and conferred regarding Defendants' affirmative 12 defenses; and 13

WHEREAS, the parties agree that all parties and the Court would benefit from a short 14 extension until November 14, 2012 of the deadline for Plaintiffs to file a motion to strike any 15 insufficient defenses pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. 16

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Plaintiffs, by their undersigned counsel, and Defendants, by their undersigned counsel, that, if 18 Plaintiffs opt to move to strike any defense(s) in the Answer, Plaintiffs' deadline to file any such 19 motion pursuant to Rule 12(f) of the Federal Rules of Civil Procedure shall be extended until 20 November 14, 2012.

[PROPOSED] ORDER FOR GOOD CAUSE APPEARING AND PURSUANT TO THE STIPULATION, IT IS SO ORDERED. ES DIST

T RI A CT

Thelton E. Henderson Judge

20120917

© 1992-2012 VersusLaw Inc.



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