Free Reply to Opposition - District Court of California - California

Case 3:07-cv-04732-MJJ

Document 21

Filed 12/03/2007

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STROOCK & STROOCK & LAVAN LLP

STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND (State Bar No. 083013) STEPHEN J. NEWMAN (State Bar No. 181570) 2029 Century Park East, Suite 1800 Los Angeles, California 90067-3086 Telephone: 310-556-5800 Facsimile: 310-556-5959 [email protected] Attorneys for Defendants CHASE BANK USA, N.A., erroneously sued as CHASE MANHATTAN BANK U.S.A., N.A., and JPMORGAN CHASE & CO. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DAVID J. LEE and DANIEL R. LLOYD, individually and on behalf of all others similarly situated, ) ) ) ) Plaintiffs, ) ) vs. ) ) CHASE MANHATTAN BANK U.S.A., ) N.A., a Delaware corporation, CHASE ) MANHATTAN BANK U.S.A., N.A. ) d.b.a. CHASE BANK U.S.A., N.A., ) JPMORGAN CHASE & CO., a ) Delaware corporation; and DOES 1 ) through 100, inclusive, ) ) Defendants. ) ) ) ) ) Case No. CV-07-4732 MJJ THE HON. MARTIN J. JENKINS REPLY IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION FOR CONTINUANCE OF THE HEARING ON THE MOTION TO DISMISS CURRENTLY SET FOR DECEMBER 11, 2007

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REPLY IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION FOR CONTINUANCE OF THE HEARING ON THE MOTION TO DISMISS CURRENTLY SET FOR DECEMBER 11, 2007
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Case 3:07-cv-04732-MJJ

Document 21

Filed 12/03/2007

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STROOCK & STROOCK & LAVAN LLP

Plaintiff's counsel is opposing the motion to continue in bad faith. As shown in the attached Exhibit A, Ms. Strickland is in fact scheduled to argue the Second Circuit matter on the afternoon of December 10. Mr. Newman is on the brief and his presence in New York City also has been requested to assist in oral argument preparations. Plaintiffs do not show how they will be prejudiced by the short continuance requested by Chase. The December 11 date was set by the Court without consultation with counsel. Chase's counsel promptly advised the Court of the conflict and suggested another reasonable date. Chase respectfully requests that this Court grant the continuance to January 8, 2008. Dated: December 3, 2007 STROOCK & STROOCK & LAVAN LLP JULIA B. STRICKLAND STEPHEN J. NEWMAN

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-2REPLY IN SUPPORT OF DEFENDANTS' ADMINISTRATIVE MOTION FOR CONTINUANCE OF THE HEARING ON THE MOTION TO DISMISS CURRENTLY SET FOR DECEMBER 11, 2007
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By:

s/Stephen J. Newman Stephen J. Newman Attorneys for Defendants CHASE BANK USA, N.A., ERRONEOUSLY SUED AS CHASE MANHATTAN BANK U.S.A., N.A., AND JPMORGAN CHASE & CO.