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Davis v. Visa, Inc.

United States District Court, N.D. California

February 26, 2014

RON DAVIS, an individual, on behalf of himself and all others similarly situated, Plaintiff,
v.
VISA, INC., a Delaware Corporation, Defendant.

RICHARD B. GOETZ (S.B. #115666), JACLYN A. BLANKENSHIP (S.B. #267524), O'MELVENY & MYERS LLP, Los Angeles, CA.

MATTHEW D. POWERS (S.B. #212682) O'MELVENY & MYERS LLP, San Francisco, CA Attorneys for Defendant VISA, INC.

CHARLES D. MARSHALL, MARSHALL LAW FIRM, Walnut Creek, CA, Attorney for Plaintiff, RON DAVIS.

JACLYN BLANKENSHIP, O'MELVENY & MYERS LLP, Los Angeles, CA.

JOINT STIPULATION AND ORDER RE: CONSENTING TO FILING SECOND AMENDED COMPLAINT AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE

CHARLES R. BREYER, District Judge.

WHEREAS, Plaintiff filed and served his First Amended Complaint ("FAC") in the above-entitled action on December 16, 2013;

WHEREAS, the Parties agreed to a stipulated briefing schedule for Defendant's forthcoming motion to dismiss on January 14, 2014;

WHEREAS, Defendant filed and served a Motion to Dismiss Plaintiff's FAC on January 15, 2014 pursuant to that stipulated briefing schedule;

WHEREAS, Plaintiff desires to file the attached amended complaint in light of Defendant's Motion, which will supersede his FAC, and which removes certain causes of actions and supplements Plaintiff's allegations contained in the FAC;

WHEREAS, Plaintiff previously amended his complaint on December 16, 2013 and any further amendments require leave of the court or consent from Defendant;

WHEREAS, Defendant consents to Plaintiff filing the proposed second amended complaint attached hereto as Exhibit A;

WHEREAS, Defendant reserves all rights to move to dismiss one or more of the asserted claims or to otherwise challenge the sufficiency of the allegations in the proposed Second Amended Complaint, and any non-opposition by Defendant shall not be interpreted as admitting any of the allegations in the proposed Second Amended Complaint;

WHEREAS, under the Parties prior agreement, Plaintiff will file the Second Amended Complaint ("SAC") on or before February 28, 2014;

WHEREAS, Defendant will withdraw its pending Motion to Dismiss the First Amended Complaint upon ...


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