Rodas v. Monetary Management of California, Inc.

Filing 23

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 4/23/2015 STAYING this action pending the Court's approval of the settlement agreement; VACATING all pending dates set in this action; ORDERING that the Motion Hearing on the plain tiff's Motion for Preliminary Approval of Class Action Settlement be set for 7/2/2015 at 02:00 PM in Courtroom 2 (TLN) before Judge Troy L. Nunley; ORDERING the plaintiff to file her Motion for Preliminary Approval of Class Action Settlement by 6/4/2015. CASE STAYED. (Michel, G.)

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KENNETH S. GAINES, ESQ. SBN 049045
[e-mail]
DANIEL F. GAINES, ESQ. SBN 251488
[e-mail]
ALEX P. KATOFSKY, ESQ. SBN 202754
[e-mail]
GAINES & GAINES, APLC
27200 Agoura Road, Suite 101
Calabasas, CA 91301
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff TITA RODAS, on behalf
of herself and all others similarly situated,
and on behalf of the general public
C. GRIFFITH TOWLE, State Bar No. 146401
[e-mail]
SONY B. BARARI, State Bar No. 243379
[e-mail]
SIMON R. GOODFELLOW, State Bar No. 246085
[e-mail]
BARTKO, ZANKEL, BUNZEL & MILLER
A Professional Law Corporation
One Embarcadero Center, Suite 800
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
MONETARY MANAGEMENT
OF CALIFORNIA, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TITA RODAS, on behalf of herself and all
others similarly situated, and on behalf of the
general public,

Case No. 2:14-cv-01389-TLN-AC
NOTICE OF SETTLEMENT AND
STIPULATION AND ORDER TO
VACATE ALL PENDING DATES AND
STAY THIS ACTION PENDING THE
COURT’S APPROVAL OF
SETTLEMENT

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Plaintiff,
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v.
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MONETARY MANAGEMENT OF
CALIFORNIA, INC., a Delaware corporation,
and DOES 1 through 10, inclusive,

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Defendants.
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-1NOTICE OF SETTLEMENT AND STIPULATION AND ORDER TO VACATE ALL PENDING DATES AND
STAY THIS ACTION PENDING THE COURT’S APPROVAL OF SETTLEMENT
Case No. 2:14-cv-01389-TLN-AC

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Plaintiff TITA RODAS (“Plaintiff”) and Defendant MONETARY MANAGEMENT OF

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CALIFORNIA, INC (“Defendants”) (Plaintiff and Defendant are collectively the “Parties”), by

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and through their respective undersigned counsel, hereby stipulate and agree to vacate all pending

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dates and stay this action pending the Court’s approval of settlement, and mutually request that the

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Court approve and enter said Stipulation and enter an order in accordance herewith to permit

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further settlement discussions between the Parties.

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STIPULATION

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WHEREAS, on April 15, 2015, the Parties participated in a mediation with Judge Ronald

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M. Sabraw (Ret.) in an effort to resolve the claims in the above-captioned class and representative

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action (the “Action”);

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WHEREAS, the Parties have reached a settlement of the Action, subject to Court approval,
but require further time to finalize the long form settlement and notice form;

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WHEREAS, pursuant to the Court’s August 14, 2014 Pretrial Scheduling Order and

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subsequent Orders Pursuant to Stipulation following thereafter, Plaintiff’s continued deadline to

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file her Motion for Class Certification is currently May 1, 2015 (Docket No. 19);

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WHEREAS, because the Action has been settled, the Parties believe that their time and

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efforts should be utilized toward finalization of the settlement documents and preparation of

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motion for preliminary approval, rather than unnecessary law and motion.

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IT IS THEREFORE HEREBY STIPULATED AND AGREED that the Court may enter an

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order vacating all pending dates, specifically including but not limited to the deadline to file

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Plaintiff’s Motion for Class Certification referenced above, and staying the case pending the

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Court’s approval of the settlement agreement.

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IT IS FURTHER STIPULATED AND AGREED that the Court may set a date for the

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filing of a Motion for Preliminary Approval of Class Action Settlement and a hearing date

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thereafter, and that the Parties respectfully request thirty (30) days to prepare that filing.

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-2NOTICE OF SETTLEMENT AND STIPULATION AND ORDER TO VACATE ALL PENDING DATES AND
STAY THIS ACTION PENDING THE COURT’S APPROVAL OF SETTLEMENT
Case No. 2:14-cv-01389-TLN-AC

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: April 23, 2015
BARTKO, ZANKEL, BUNZEL & MILLER
A Professional Law Corporation

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By: /s/ C. Griffith Towle (as authorized on 4/17/15)
C. Griffith Towle
Attorneys for MMC
MONETARY MANAGEMENT
OF CALIFORNIA, INC.

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DATED: April 23, 2015
GAINES & GAINES, APLC

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By:

/s/ Alex P. Katofsky
ALEX P. KATOFSKY
Attorneys for Plaintiff TITA RODAS, on behalf of
herself and all others similarly situated

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ORDER

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Pursuant to the Stipulation above, the Court orders the following:

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1.

The Action is stayed, pending the Court’s approval of the settlement agreement.

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2.

All pending dates, specifically including but not limited to the deadline to file

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Plaintiff’s Motion for Class Certification referenced above, are hereby vacated.
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The hearing on Plaintiff’s Motion for Preliminary Approval of Class Action

Settlement is scheduled for July 2, 2015 at 2:00 p.m. in Courtroom 2 of this Court.
4.

Plaintiff shall file her Motion for Preliminary Approval of Class Action Settlement

no later than June 4, 2015.

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Dated: April 23, 2015

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Troy L. Nunley
United States District Judge

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-3-

NOTICE OF SETTLEMENT AND STIPULATION AND ORDER TO VACATE ALL PENDING DATES AND
STAY THIS ACTION PENDING THE COURT’S APPROVAL OF SETTLEMENT
Case No. 2:14-cv-01389-TLN-AC