Acosta v. Evergreen Moneysource Mortgage Company
Filing
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STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/23/2018 RESETTING the final approval hearing to 2/8/2019, at 10:00 AM, in Courtroom 3 (KJM), before District Judge Kimberly J. Mueller. The Court's 43 Order Preliminarily Approving the Class Action Settlement shall remain in effect in all respects not expressly modified herein. (York, M)
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Galen T. Shimoda (Cal. State Bar No. 226752)
Justin P. Rodriguez (Cal. State Bar No. 278275)
Shimoda Law Corp.
9401 East Stockton Blvd., Suite 200
Elk Grove, CA 95624
Telephone: (916) 525-0716
Facsimile: (916) 760-3733
Email: attorney@shimodalaw.com
jrodriguez@shimodalaw.com
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Attorneys for Plaintiff JARED ACOSTA
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JARED ACOSTA,
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Plaintiff,
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vs.
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EVERGREEN MONEYSOURCE
MORTGAGE COMPANY, a Washington )
Corporation; and DOES 1 to 100, inclusive, )
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Defendants.
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Case No. 2:17-cv-00466-KJM-DB
CLASS ACTION
STIPULATION AND ORDER
AMENDING THE COURT’S AUGUST
13, 2018 ORDER PRELIMINARILY
APPROVING PLAINTIFF’S CLASS
ACTION SETTLEMENT
Judge:
Hon. Kimberly J. Mueller
Filed:
FAC Filed:
Trial Date:
January 24, 2017
August 11, 2017
None Set
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STIP & RE AMENDING PRELIMINARY APPROVAL ORDER
Case No.: 2:17-cv-00466-KJM-DB
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This Stipulation and Proposed Order is entered into between Plaintiff JARED ACOSTA
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(“Plaintiff”)
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(“Defendant”) (Plaintiff and Defendant, collectively, the “Parties”), by and through their counsel of
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record, as follows:
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and
Defendant
EVERGREEN
MONEYSOURCE
MORTGAGE
COMPANY.
WHEREAS Plaintiff filed a Motion for Preliminary Approval of Class Action Settlement
(“Motion”) on April 4, 2018 that was set to be heard, and was heard, on May 18, 2018;
WHEREAS Plaintiff submitted a Proposed Order as part of the Motion setting forth a timeline
for settlement administration and a proposed date for a final fairness hearing of November 6, 2018;
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WHEREAS the timeline submitted by Plaintiff and the proposed final fairness hearing date of
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November 6, 2018 was premised on an Order being issued on or shortly after the May 18, 2018 hearing;
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WHEREAS the Court signed an Order Preliminarily Approving Plaintiff’s Motion (“Order”) on
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August 10, 2018;
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WHEREAS, based on the date of the Order and the adopted administration schedule therein,
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the notice period to class members will not expire until approximately December 6, 2018 and a
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declaration regarding settlement administration will not be available until approximately December 27,
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2018; and
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WHEREAS the Parties wish to reset the date for the final fairness hearing to post-date the close
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of the notice period and deadline for the settlement administrator to provide a declaration, while also
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providing adequate time to prepare and submit a motion for final approval;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the
Parties, subject to the approval of the Court, as follows:
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The Court’s Order will be modified in the following respects only: The final approval
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hearing is reset to February 1, 2019 at 10:00 AM in Courtroom 3, or some later time that is convenient
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for the Court, with briefs and supporting documentation due two weeks prior to the hearing.
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2.
The Court’s August 10, 2018 Order Preliminarily Approving the Class Action Settlement
shall remain in effect in all respects not expressly modified herein.
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DATED: August 23, 2018
/s/ Julie G. Yap
JULIE G. YAP
STIP & RE AMENDING PRELIMINARY APPROVAL ORDER
Case No.: 2:17-cv-00466-KJM-DB
(as authorized on 8/13/18)
Counsel for Defendants
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DATED: August 23, 2018
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/s/ Justin P. Rodriguez
GALEN T. SHIMODA
JUSTIN P. RODRIGUEZ
SHIMODA LAW CORP.
Counsel for Plaintiffs
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ORDER
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The COURT, having considered the above stipulation and good cause appearing therefore,
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HEREBY ORDERS that:
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The Court’s Order will be modified in the following respects only: The final approval
hearing set for November 2, 2018 is VACATED and reset for February 8, 2019 at 10:00 a.m. in
Courtroom 3, with briefs and supporting documentation due two weeks prior to the hearing.
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The Court’s August 10, 2018 Order Preliminarily Approving the Class Action Settlement
shall remain in effect in all respects not expressly modified herein.
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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
DATED: August 23, 2018.
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UNITED STATES DISTRICT JUDGE
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STIP & RE AMENDING PRELIMINARY APPROVAL ORDER
Case No.: 2:17-cv-00466-KJM-DB
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