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

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 ...


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