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Priscilla Barton, Individually and On Behalf of All Others Similarly Situated v. Capital One Bank (Usa)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


January 8, 2013

PRISCILLA BARTON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
CAPITAL ONE BANK (USA), N.A.,
DEFENDANT.

The opinion of the court was delivered by: Hon. Susan Illston United States District Judge

Honorable Susan Illston

CLASS ACTION STIPULATION SETTING BRIEFING SCHEDULE AND RESETTING INITIAL CMC AND [PROPOSED] ORDER Complaint filed: October 19, 2012

STIPULATION

Pursuant to Civil Local Rule 6-2, 7-11, and 16-2, the Defendant, Capital One Bank (USA), N.A. ("Capital One") and Plaintiff Priscilla Barton hereby submit this Stipulated Request 4 for an Order Setting Briefing Schedule and Resetting the Initial Case Management Conference. the parties filed a stipulation extending the deadline for Capital One to respond to the complaint 7 to on or before December 28, 2012 (ECF No. 13); 8

10 schedule that permits additional time, and wish to establish such a schedule and hearing in an 11 orderly fashion; 12

WHEREAS, on November 13, 2012, prior to the reassignment of this action to this Court,

WHEREAS, Capital One intends to file a motion to dismiss;

WHEREAS, the parties believe that the issues presented by the case warrant a briefing

WHEREAS, the Initial Case Management Conference is currently scheduled for January 25, 2013 and the case management statement due January 18, 2013 (ECF No. 16); the CMC should be conducted at the same time as the hearing on the motion to dismiss,

WHEREAS, in the interests of the convenient and efficient administration of this action,

THEREFORE, the parties request an Order setting the following schedule:

1. Capital One's motion to dismiss: January 4, 2013;

2. Plaintiff's opposition: February 1, 2013;

3. Capital One's reply: February 15, 2013;

4. Hearing: March 1, 2013, or the next available hearing date thereafter;

5. Initial Case Management conference: March 1, 2013, or the next available date thereafter.

IT IS SO STIPULATED.

By: /s/ James R. McGuire James R. McGuire 5 Attorneys for Defendant CAPITAL ONE BANK (USA), N.A. 6 Dated: December 26, 2012 STEVE W. BERMAN (Pro Hac Vice) 7 ARI Y. BROWN (Pro Hac Vice) 8 HAGENS BERMAN SOBOL SHAPIRO LLP 9 HARRY SHULMAN 10 SHULMAN LAW 11 By: /s/ Ari Y. Brown 12 ARI Y. BROWN Attorneys for Plaintiff PRISCILLA BARTON

GENERAL ORDER 45 ATTESTATION

I, James R. McGuire, am the ECF User whose ID and password are being used to file the foregoing document. In compliance with General Order 45, X.B., I hereby attest that Ari Y.

Brown has concurred in this filing. 20 21 /s/ James R. McGuire James R. McGuire

20130108

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