Freeman et al v. Wilshire Commercial Capital L.L.C.

Filing 108

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 7/30/2018 ORDERING the Status Conference CONTINUED to 11/5/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Washington, S)

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KEMNITZER, BARRON, & KRIEG, LLP
BRYAN KEMNITZER
Bar No. 066401
ELLIOT CONN
Bar No. 279920
445 Bush St., 6th Floor
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
Scott D. Owens
admitted pro hac vice
Patrick Crotty
admitted pro hac vice
Scott D. Owens, P.A.
3800 S. Ocean Dr., Ste. 235
Hollywood, FL 33019
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs Verina Freeman, Valecea Diggs, and the potential class

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MOLINO & BERARDINO, A Professional Law Corporation
Anthony A. Molino, Esq. [SBN 156661]
Steven R. Berardino, Esq. [SBN 075820]
Michelle Cooper, Esq. [SBN 093668]
Benjamin J. Carter, Esq. [SBN 287462]
4751 Wilshire Blvd., Ste. 207
Los Angeles, CA 90010-3838
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant WILSHIRE COMMERCIAL CAPITAL, LLC

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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VERINA FREEMAN and VALECEA
DIGGS, individually and on behalf of all
others similarly situated,
Plaintiffs

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Case No. 2:15-cv-01428-WBS-AC
CLASS ACTION
STIPULATION AND ORDER
CONTINUING STAY

v.
WILSHIRE COMMERCIAL CAPITAL
L.L.C., a California limited liability company,
dba WILSHIRE CONSUMER CREDIT,

Date: August 6, 2018
Time: 1:30 p.m.
Courtroom 5 – 14th Floor
Hon. William B. Shubb

Defendant.

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15cv1428.Freeman.Stipulation and [Proposed] Order Continuing Stay.docx

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I.

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On March 6, 2018, the Court denied Wilshire’s Motion for Summary Judgment, but
simultaneously ordered the case stayed pending the U.S. Supreme Court’s review of Resh v.
China Agritech, Inc. (9th Cir. 2017) 857 F.3d 994.

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CASE STATUS

The U.S. Supreme Court issued its unanimous opinion in Resh, limiting the interpretation
of American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974). As this Court pointed out:

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If the Court reverses Resh and determines that the statute of limitations is tolled
only for individual claims, then plaintiffs would be unable to bring this case as a
class action, though they would still be able to proceed with their individual
claims.

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In light of the U.S. Supreme Court’s ruling in Resh and the Court’s Order Re: Motion to

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Stay, the parties are exploring the possibility of settling the above matter on an individual basis

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on behalf of Verina Freeman and Valecea Diggs. Defendant reserves the right to bring a

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dispositive motion if settlement discussions are not successful.

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The parties therefore STIPULATE as follows:

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1.

at 1:30 p.m. to allow for the parties to conduct further settlement negotiations.

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The August 6, 2018 Status Conference re Stay shall be continued to November 13, 2018

2.

The parties shall file a Joint Status Statement not later than ten (10) Court days prior to
the continued Status Conference.

IT IS SO STIPULATED
KEMNITZER, BARRON, & KRIEG, LLP

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/s/ Bryan Kemnitzer
BRYAN KEMNITZER
ELLIOT CONN
Attorneys for Plaintiffs VERINA FREEMAN and
VALECEA DIGGS, and the Proposed Class

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MOLINO & BERARDINO, APLC

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By:

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By:

/s/ Benjamin John Carter
STEVEN R. BERARDINO
BENJAMIN JOHN CARTER
Attorneys for Defendant WILSHIRE
COMMERCIAL CAPITAL, LLC

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15cv1428.Freeman.Stipulation and [Proposed] Order Continuing Stay.docx

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ATTESTATION OF SIGNATURE

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I, Bryan Kemnitzer, am the ECF User whose ID and Password were used to
electronically file this Statement. I hereby attest that all other signatories listed, and on whose
behalf this filing is submitted, concur in the content of this filing and have authorized the
electronic filing thereof.

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/s/ Bryan Kemnitzer
BRYAN KEMNITZER

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ORDER

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Good cause appearing, and based upon the stipulation of the parties above, the Court

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Orders as follows:

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1.

at 1:30 p.m. to allow for the parties to conduct further settlement negotiations.

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The August 6, 2018 Status Conference re Stay shall be continued to November 5, 2018

2.

The parties shall file a Joint Status Statement not later than ten (10) Court days prior to

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the continued Status Conference.

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SO ORDERED

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Dated: July 30, 2018
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15cv1428.Freeman.Stipulation and [Proposed] Order Continuing Stay.docx