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Stipulation and [Proposed] Order re: Schedule for Motion to Dismiss — Yick v. Bank of America (May 17, 2021)

Summary

A Stipulation and [Proposed] Order re: Schedule for Motion to Dismiss in Yick, et al. v. Bank of America, N.A., Case No. 3:21-cv-00376-VC, in the U.S. District Court for the Northern District of California, Document 92, filed May 17, 2021. The stipulation recites that plaintiffs filed their Consolidated Class Action Complaint on April 1, 2021 and that the defendant filed a Motion to Dismiss on May 6, 2021, and that the parties conferred about injunctive relief after a May 13, 2021 hearing on a Motion for Preliminary Injunction. Subject to the approval of the Court, it moves the plaintiffs' opposition from May 20, 2021 to May 27, 2021, the defendant's reply from May 27, 2021 to June 10, 2021, and the motion hearing from June 10, 2021 to June 24, 2021.

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“Stipulation and [Proposed] Order re: Schedule for Motion to Dismiss — Yick v. Bank of America (May 17, 2021).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/92-3349408ec8/, SHA-256 246a6df0a1632ccc5161b93565d09ee3c2c6f1507483186ff6701c9e15527d83.

Full text

          Case 3:21-cv-00376-VC Document 92 Filed 05/17/21 Page 1 of 4




 1   JOSEPH W. COTCHETT (SBN 36324)                       MICHAEL RUBIN (SBN 080618)
     jcotchett@cpmlegal.com                               mrubin@altber.com
 2   BRIAN DANITZ (SBN 247403)                            STACEY M. LEYTON (SBN 203827)
     bdanitz@cpmlegal.com                                 sleyton@altber.com
 3
     KARIN B. SWOPE (PRO HAC VICE)                        MATTHEW MURRAY (SBN 271461)
 4   kswope@cpmlegal.com                                  mmurray@altber.com
     ANDREW F. KIRTLEY (SBN 328023)                       CONNIE K. CHAN (SBN 284230)
 5   akirtley@cpmlegal.com                                cchan@altber.com
     COTCHETT, PITRE & McCARTHY, LLP                      ALTSHULER BERZON LLP
 6   840 Malcolm Road, Suite 200                          177 Post Street, Suite 300
     Burlingame, CA 94010                                 San Francisco, CA 94108
 7
     Telephone: (650) 697-6000                            Telephone: (415) 421-7151
 8   Fax: (650) 697-0577                                  Facsimile: (415) 362-8064

 9   Interim Co-Lead Counsel for Plaintiffs
     and the Proposed Class
10

11                                UNITED STATES DISTRICT COURT
                                NORTHERN DISTRICT OF CALIFORNIA
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13 JENNIFER YICK, et al.                              Case No. 3:21-cv-00376-VC

14                                                    CLASS ACTION
                                   Plaintiffs,
15                                                    STIPULATION AND [PROPOSED] ORDER
                  vs.                                 RE: SCHEDULE FOR MOTION
16                                                    TO DISMISS
     BANK OF AMERICA, N.A.,
17
                                   Defendants.
18                                                    Judge:            Hon. Vince Chhabria
                                                      Courtroom:        4 – 17th Floor
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                        Stipulation and [Proposed] Order Regarding Briefing Deadlines
                                          Case No. 3:21-cv-00376-VC
           Case 3:21-cv-00376-VC Document 92 Filed 05/17/21 Page 2 of 4




 1          Plaintiffs and Defendant Bank of America, N.A. (“Defendant”) (collectively, the

 2 “Parties”) in the above-captioned action, by and through their respective attorneys of record,

 3 jointly state as follows:

 4          WHEREAS, on April 1, 2021, Plaintiffs filed their Consolidated Class Action Complaint;

 5          WHEREAS, on May 6, 2021, Defendant filed its Motion to Dismiss set for hearing on

 6 June 10, 2021;

 7          WHEREAS, pursuant to the Stipulation and Order Regarding Briefing Deadlines and

 8 Extension of Page Limits (Dkt. No. 61), Plaintiffs’ Opposition to the Motion to Dismiss is due on

 9 May 20, 2021 and Defendant’s Reply is due on May 27, 2021;

10          WHEREAS, on May 13, 2021, the Court held a hearing on Plaintiffs’ Motion for

11 Preliminary Injunction during which the Court suggested that the Parties meet and confer

12 regarding injunctive relief during the week of May 17, 2021;

13          WHEREAS, the Parties have met and conferred, and reached an agreement to amend the

14 briefing schedules for the Motion to Dismiss to accommodate the Parties’ discussions regarding

15 injunctive relief;

16          NOW, THEREFORE, IT IS HEREBY STIPULATED and agreed by the Parties, by and

17 through their undersigned counsel and subject to the approval of the Court, as follows:

18             1. Plaintiffs’ Opposition to the Motion to Dismiss, currently due on May 20, 2021,

19                  shall be due on May 27, 2021;

20             2. Defendant’s Reply, currently due on May 27, 2021, shall be due on June 10, 2021;

21             3. The hearing on the Motion to Dismiss, currently on calendar for June 10, 2021,

22                  shall be reset to June 24, 2021.

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24 Dated: May 17, 2021                             COTCHETT, PITRE & McCARTHY, LLP

25                                                 By:     /s/ Brian Danitz
                                                         BRIAN DANITZ
26

27                                                       Interim Co-Lead Counsel for Plaintiffs and the
                                                         Proposed Class
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                        Stipulation and [Proposed] Order Regarding Briefing Deadlines                     1
                                          Case No. 3:21-cv-00376-VC
              Case 3:21-cv-00376-VC Document 92 Filed 05/17/21 Page 3 of 4




 1 Dated: May 17, 2021                          ALTSHULER BERZON LLP

 2                                              By:     /s/ Michael Rubin
                                                      MICHAEL RUBIN
 3

 4                                                    Interim Co-Lead Counsel for Plaintiffs and the
                                                      Proposed Class
 5

 6 Dated: May 17, 2021                          GOODWIN PROCTER LLP
 7
                                                By:     /s/ Yvonne W. Chan
 8                                                    YVONNE W. CHAN

 9                                                    Counsel for Defendant Bank of America, N.A.
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12            PURSUANT TO STIPULATION, IT IS SO ORDERED.
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     Dated:
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                                                        HON. VINCE CHHABRIA
16                                                      UNITED STATES DISTRICT JUDGE

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                      Stipulation and [Proposed] Order Regarding Briefing Deadlines                    2
                                        Case No. 3:21-cv-00376-VC
           Case 3:21-cv-00376-VC Document 92 Filed 05/17/21 Page 4 of 4




 1                             ATTESTATION OF E-FILED SIGNATURE

 2          I, Brian Danitz, am the ECF user whose identification and password are being used to file

 3 this Stipulation and [Proposed] Order Regarding Briefing Deadlines. Pursuant to Civil Local Rule

 4 5-1(i)(3), I hereby attest that all other signatories to this document concurred in its filing.

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 6                                                         /s/ Brian Danitz
                                                           BRIAN DANITZ
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                      Stipulation and [Proposed] Order Regarding Briefing Deadlines                  3
                                        Case No. 3:21-cv-00376-VC


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