Bruno v. Equifax Credit Information Services, LLC, et al.

Filing 303

JOINT NOTICE OF SETTLEMENT, STIPULATION and ORDER signed by Senior Judge William B. Shubb on 5/16/2019 ORDERING Plaintiff's claims against Equifax STAYED for 14 days, VACATING #289 Motion for Modified Protective Order Hearing (see 302 Minute Order), and VACATING the 6/3/2019 #291 Motion to Certify Class Hearing and Equifax's deadline for responding, pending the outcome of parties' efforts to negotiate the terms of the settlement agreement. In the event that after 14 days the parties have been unable to agree upon the terms of the settlement agreement, Plaintiff will re-notice his motion for class certification. (Huang, H)

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1 MATTHEW H. DAWSON (State Bar No. 307350) mdawson@kslaw.com 2 KING & SPALDING LLP 601 South California Avenue 3 Palo Alto, CA 94304 +1 650 422 6700 4 Telephone: Facsimile: +1 650 422 6800 5 ZACHARY A. MCENTYRE (pro hac vice) 6 zmcentyre@kslaw.com 7 MERYL W. ROPER (pro hac vice) mroper@kslaw.com 8 ALLISON HILL WHITE (pro hac vice) awhite@kslaw.com 9 KING & SPALDING LLP 1180 Peachtree St., NE 10 Atlanta, GA 30309 +1 404 572 4600 11 Telephone: Facsimile: +1 404 572 5100 12 Attorneys for Defendant EQUIFAX INFORMATION 13 SERVICES, LLC UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 DANIEL BRUNO, Individually and on behalf 16 of others similarly situated, Case No. 2:17-cv-00327-WBS-EFB 17 JOINT NOTICE OF SETTLEMENT, STIPULATION, AND ORDER 18 Plaintiff, v. 19 EQUIFAX INFORMATION SERVICES, 20 LLC; GENEVA FINANCIAL SERVICES, INC.; MARK HASSAN; GENEVA 21 MOTORS, INC. d/b/a GENEVA FINANCIAL SERVICES, ROBERT MCGINLEY, 22 KAMIES ELHOUTY, JOHN MCGINLEY, ANDY MITCHELL, and REBS SUPPLY, 23 INC. d/b/a REBS MARKETING, INC., 24 Defendants. 25 26 27 28 NOTICE OF SETTLEMENT AND STIPULATION CASE NO. 2:17-CV-00327-WBS-EFB 1 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE pursuant to Local Rules 160 and 272 that Plaintiff Daniel 3 Bruno and Defendant Equifax Information Services LLC (“Equifax”) have reached a settlement 4 in principle as to all claims asserted against Equifax in this matter. The plaintiff and Equifax are 5 in the process negotiating the terms of a settlement agreement. Once the agreement has been 6 executed, and any payment issued, the plaintiff and Equifax will file the dispositional documents 7 referenced in L.R. 160(b). 8 Given the foregoing, the plaintiff and Equifax stipulate—subject to the Court’s 9 approval—that: 10 11 12 13 14 1. The plaintiff’s claims against Equifax be stayed for fourteen days to allow the parties time to attempt to negotiate the terms of the settlement agreement; 2. The hearing on Equifax’s Motion for Modified Protective Order (ECF No. 289), which is currently set for May 15, 2019, be continued indefinitely; and 3. The hearing on the plaintiff’s motion for class certification (ECF No. 292) and 15 Equifax’s deadline for responding to the plaintiff’s motion be continued pending the 16 outcome of parties’ efforts to negotiate the terms of the settlement agreement. In the 17 event that after fourteen days the parties have been unable to agree upon the terms of 18 the settlement agreement, Plaintiff will re-notice his motion for class certification. 19 20 DATED: May 15, 2019 KING & SPALDING LLP 21 By: 22 23 24 25 26 /s/ Zachary A. McEntyre ZACHARY A. MCENTYRE (pro hac vice) KING & SPALDING LLP 1180 Peachtree St., NE Atlanta, GA 30309 Telephone: +1 404 572 4600 Facsimile: +1 404 572 5100 Email: zmcentyre@kslaw.com Attorney for Defendant EQUIFAX INFORMATION SERVICES LLC 27 28 NOTICE OF SETTLEMENT AND STIPULATION 2 CASE NO. 2:17-CV-00327-WBS-EFB 1 6 /s/ Joseph Messer (w/ express permission) Joseph Messer (pro hac vice) Messer Strickler, Ltd. 225 W. Washington St., Suite 575 Chicago, IL 60602 (312) 334-3442 (direct) (312) 334-3473 (fax) jmesser@messerstrickler.com 7 Attorney for Plaintiff DANIEL BRUNO 2 3 4 5 8 9 10 11 12 13 14 15 IT IS SO ORDERED AS FOLLOWS: 1. The plaintiff’s claims against Equifax be stayed for fourteen days to allow the parties time to attempt to negotiate the terms of the settlement agreement; 2. The hearing on Equifax’s Motion for Modified Protective Order (ECF No. 289), is VACATED (see Minute Order, Docket #302); and 3. The June 3, 2019 hearing on the plaintiff’s motion for class certification (ECF No. 16 292) and Equifax’s deadline for responding to the plaintiff’s motion are VACATED 17 pending the outcome of parties’ efforts to negotiate the terms of the settlement 18 agreement. In the event that after fourteen days the parties have been unable to agree 19 upon the terms of the settlement agreement, Plaintiff will re-notice his motion for 20 class certification. 21 Dated: May 16, 2019 22 23 24 25 26 27 28 NOTICE OF SETTLEMENT AND STIPULATION 3 CASE NO. 2:17-CV-00327-WBS-EFB

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