Joyce Harper et al v. The Law Office of Harris and Zide LLP

Northern District of California, cand-4:2015-cv-01114

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING STIPULATION TO VACATE, OR, ALTERNATIVELY, TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL DATES PURSUANT TO PENDING MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT RE DKT NO. {{35}}, {{56}}.

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1 John W. Sheller (SBN 67519) jsheller@hinshawlaw.com 2 HINSHAW & CULBERTSON LLP 11601 Wilshire Blvd., Suite 800 3 Los Angeles, CA 90025 Telephone: 310-909-8000 4 Facsimile: 310-909-8001 5 Renee Choy Ohlendorf (SBN 263939) rchoy@hinshawlaw.com 6 HINSHAW & CULBERTSON LLP One California Street, 18th Fl. 7 San Francisco, CA 94111 Telephone: (415) 362-6000 8 Facsimile: (415) 834-9070 9 Attorneys for Defendant THE LAW OFFICE OF HARRIS AND ZIDE LLP 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 Joyce Harper and Leila Emerson, on Case No. 3:15-cv-01114-HSG 14 behalf of themselves and others similarly situated, (Assigned to the Honorable Haywood S. 15 Gilliam, Courtroom "15") Plaintiffs, 16 STIPULATION AND ORDER TO vs. VACATE, OR, ALTERNATIVELY, 17 TO CONTINUE PRE-TRIAL THE LAW OFFICE OF HARRIS AND CONFERENCE AND TRIAL DATES 18 ZIDE LLP, PURSUANT TO PENDING MOTION FOR PRELIMINARY 19 Defendant. APPROVAL OF CLASS SETTLEMENT [DKTS. 35, 56] 20 21 Action Filed: March 10, 2015 22 TO THIS HONORABLE COURT, ALL PARTIES AND TO THEIR 23 ATTORNEYS OF RECORD HEREIN: 24 Plaintiffs, Joyce Harper and Leila Emerson (collectively, "Plaintiffs"), and 25 Defendant, The Law Office of Harris and Zide LLP ("Defendant"), by and through 26 their respective attorneys of record, and pursuant to F.R.C.P. 6(b) and Local Civil 27 1 28 STIPULATION AND [PROPOSED] ORDER TO VACATE OR ALTERNATIVELY TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL DATES PURSUANT TO PENDING MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT 31647680v1 0970783 1 Rules 16-2(d) and 40-1, hereby stipulate and jointly move to vacate, or, alternatively, 2 to continue the present Pre-Trial Conference and Trial Dates, in light of this Court's 3 pending ruling on Plaintiffs' Unopposed Motion for Preliminary Approval of Class 4 Action Settlement. 5 The background and circumstances which establish good cause for the request 6 herein are as follows: 7 1. On November 2, 2015, Plaintiffs filed their Unopposed Motion for 8 Preliminary Approval of Class Action Settlement [Dkt. 56], and this Court held a 9 hearing on the Motion on December 17, 2015. The Motion is presently under 10 submission with the Court; 11 2. Presently, a Pre-Trial Conference is presently set for May 24, 2016 at 12 3:00 p.m., and a Jury Trial on June 6, 2016, pursuant to this Court's Scheduling 13 Order entered on June 15, 2015 [Dkt. 35]; 14 3. Should the parties' proposed class action settlement be preliminarily 15 approved by this Court, expenditure of further judicial and litigation resources on 16 holding a Pre-Trial Conference and/or Trial, would not be necessary. Accordingly, 17 the parties respectfully request the Court to vacate, or, alternatively, to continue the 18 respective Pre-Trial Conference and Trial dates for approximately 180 days, 19 pending this Court's resolution of the class action settlement. 20 IT IS HEREBY STIPULATED: 21 The Pre-Trial Conference scheduled on May 24, 2016 and Trial scheduled on 22 June 6, 2016 are hereby vacated. The Pre-Trial Conference is rescheduled to 23 ________________, 2016 at ______ a.m./p.m., and the Trial is rescheduled 24 ________________, 2016 at ______ a.m./p.m. 25 26 27 2 28 STIPULATION AND [PROPOSED] ORDER TO VACATE OR ALTERNATIVELY TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL DATES PURSUANT TO PENDING MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT 31647680v1 0970783 1 2 DATED: April 22, 2016 HINSHAW & CULBERTSON LLP 3 By: /s/ Renee C. Ohlendorf 4 John W. Sheller Renee Choy Ohlendorf 5 Attorneys for Defendant THE LAW OFFICE OF HARRIS AND 6 ZIDE LLP 7 8 DATED: April 22, 2016 GREENWALD DAVIDSON RADBIL PLLC 9 10 By: /s/ Aaron D. Radbil 11 Aaron D. Radbil Attorneys for Plaintiffs JOYCE 12 HARPER and LEILA EMERSON 13 PURSUANT TO STIPULATION, IT IS SO ORDERED. The Pre-Trial 14 Conference scheduled on May 24, 2016 and Trial scheduled on June 6, 2016 are hereby vacated. 15 16 17 Dated: April 22, 2016 18 ___________________________________ HON. HAYWOOD S. GILLIAM, JR. 19 United States District Judge 20 21 22 23 24 25 26 27 3 28 STIPULATION AND [PROPOSED] ORDER TO VACATE OR ALTERNATIVELY TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL DATES PURSUANT TO PENDING MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT 31647680v1 0970783 1 FILER ATTESTATION 2 Pursuant to Rule 5-1(i)(3) of the Local Rules of Practice in Civil Proceedings Before 3 the United States District Court for the Northern District of California, I, Renee Choy 4 Ohlendorf, hereby attest that concurrence in the filing of this document has been obtained 5 from each of the other signatories. 6 I declare under penalty of perjury under the laws of the State of California and the 7 United States of America that the foregoing is true and correct. 8 9 s/Renee Choy Ohlendorf Renee Choy Ohlendorf 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4 28 STIPULATION AND [PROPOSED] ORDER TO VACATE OR ALTERNATIVELY TO CONTINUE PRE-TRIAL CONFERENCE AND TRIAL DATES PURSUANT TO PENDING MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT 31647680v1 0970783 1 PROOF OF SERVICE 2 I am employed in the County of San Francisco, State of California. I am over the 3 age of 18 and not a party to the within action; my business address is One California 4 Street, 18th Fl., San Francisco, CA. 5 On April 22, 2016, I served the within Stipulation and [Proposed] Order to Vacate, or, Alternatively to Continue Pre-Trial Conference and Trial Dates 6 Pursuant to Pending Motion for Preliminary Approval of Class Settlement [Dkts. 35, 56] on the following attorney(s) of record and/or interested parties in this action, by 7 placing a true and correct copy(ies) thereof enclosed in sealed envelope(S), addressed as follows, by the following means: 8 Counsel for Plaintiffs Counsel for Plaintiffs 9 Ryan Lee Aaron D. Radbil Krohn & Moss, Ltd Greenwald Davidson Radbil PLLC 10 10474 Santa Monica Blvd., Ste. 405 106 East Sixth Street, Ste. 913 Los Angeles, CA 90025 Austin, Texas 78701 11 Tel: 323-988-2400 x 241 Tel: 512-322-3912 Fax: 866-861-1390 Fax: 561-961-5684 12 rlee@consumerlawcenter.com aradbil@gdrlawfirm.com 13 Counsel for Defendant Counsel for Defendant Bank of American National Assn. Bank of American National Assn. 14 Angela E. Kleine Jessica Kaufman, Pro Hac Vice Lauren L. Wroblewski Mark P. Ladner, Pro Hac Vice 15 Morrison & Foerster LLP Morrison & Foester LLP 425 Market Street 250 West 55th Street 16 San Francisco, CA 94105 New York, NY 10019 Tel: 415-513-5444 Tel: 212-336-4257 17 Fax: 415-276-7522 Fax: 212-468-7900 Email: akleine@mofo.com Email: jkaufman@mofo.com 18 lwroblewski@mofo.com mladner@mofo.com Counsel for Plaintiffs 19 Corinne Deveza Orquiola Krohn and Moss 20 1112 Ocean Drive, #301 Manhattan Beach, CA 90266 21 Tel: 323-988-2400 corquiola@consumerlawcenter.com 22 (BY CM/ECF SERVICE): I caused such document(s) to be delivered 23 electronically via CM/ECF as noted herein. 24 Executed on April 22, 2016, at San Francisco, California. [FEDERAL] I declare that I am employed in the office of a member of the bar of this Court at whose direction 25 the service was made. I declare under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct. 26 27 /s/ Nancy Fox Nancy Fox 28 5 PROOF OF SERVICE 31647680v1 0970783