Green bergTrau rig Application GRANTED. Plaintiff shall file a Complaint by October 27, 202: The Chase Defendants shall answer, move or otherwise respond to the Complaint by November 27, 2023. The initial pre-trial conference □□□□□ Leah N. Jacob for November 15, 2023, will proceed as scheduled and the parties shall st Lah jacob atlaw.com their pre-conference materials by November 8, 2023. Dated: October 3, 2023 October 2, 2023 New York, New York . BY ECF LORNA G. Scionad UNITED STATES DISTRICT JUDGE Hon. Lorna G. Schofield United States District Court for the Southern District of New York Thurgood Marshall United States Courthouse Courtroom 1106 40 Foley Square New York, NY 10007 Re: Sherry Gould JPMorgan Chase Bank, N.A., et_al. Case 1:23-cv-08413 Joint Request for Order Setting Deadline to File Complaint_and Corresponding Responsive Pleading Deadline Dear Judge Schofield: Pursuant to Rule I.B.3. of Your Honor’s Individual Practices, we write jointly on behalf of defendants JPMorgan Chase & Co., JPMorgan Securities LLC, and JPMorgan Chase Bank, N.A. (the “Chase Defendants”), who we represent in this matter, and plaintiff Sherry Gould (“Plaintiff”), to request that this Court enter an order in connection with deadlines for: (a) Plaintiff to file an initial Complaint in this action; and (b) the Chase Defendants to respond to the Complaint, once filed. By way of background, this action was commenced on August 2, 2023, when Plaintiff filed a Summons with Notice in the Supreme Court of the State of New York, New York County pursuant to CPLR 305(b). The Chase Defendants received a copy of the Summons with Notice on April 23, 2023. Because it is ascertainable from the face of the operative Summons with Notice that jurisdiction in federal court is appropriate, the Chase Defendants timely removed the action to this Court on September 22, 2023 by filing a Notice of Removal pursuant to

, 1441, and 1446 (Dkt. No. 1). See Whitaker v. Am. Telecasting, Inc.,

, 202-06 (2d Cir. 2001) (recognizing that a Summons with Notice qualifies as an “initial pleading” and thus triggers a defendant’s 30-day deadline to remove under

(b)(1) if it contains sufficient detail for the defendant to ascertain the basis for removal). Unlike the New York CPLR, the Federal Rules of Civil Procedure do not contain any provisions or procedures for the filing of a Complaint after an action is commenced by the filing of a Summons with Notice. To avoid unnecessary motion practice to compel the filing of a Complaint and/or concerning the sufficiency of the Summons with Notice, including under Federal

Greenberg Traurig, LLP | Attorneys at Law One Vanderbilt Avenue _| New York, New York 10017 | T +1 212.801.9200 | leah [email protected]

Page 2 Rule of Procedure 8(a), the parties have agreed to the following schedule, which they respectfully request that the Court adopt: • Plaintiff will file a Complaint in the above-captioned case on or before October 27, 2023; and • The Chase Defendants will respond to the Complaint as may be appropriate on or before November 27, 2023. We thank the Court for its attention to this matter and are available to discuss at the Court’s convenience. Respectfully submitted, /s/ Leah N. Jacob CC (by ECF): All Counsel of Record