Ray et al v. Bluehippo Funding, LLC et al

Filing 255

ORDER re 254 Progress of Settlement Documentation. Signed by Judge Jeffrey S. White on 3/3/09. (jjo, COURT STAFF) (Filed on 3/3/2009)

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Robert M. Bramson (SBN 102006) [e-mail] BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP 2125 Oak Grove Road, Suite 120 Walnut Creek, CA 94598 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs ROYLENE RAY, KELLY CANNON, KARLA HODGES and LAKETA COULTER Additional Counsel on Signature Page Jeffrey D. McFarland (SBN 157628) [e-mail] Stan Karas (SBN 222402) [e-mail] QUINN EMANUEL URQUHART OLIVER & HEDGES 865 S. Figueroa Street, 10th Floor Los Angeles, CA 90017-2543 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant GATEWAY, INC.

Douglas R. Young (SBN 073248) [e-mail] C. Brandon Wisoff (SBN 121930) [e-mail] Anthony P. Schoenberg (SBN 203714) [e-mail] Morgan Jackson (SBN 250910) [e-mail] FARELLA BRAUN & MARTEL LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants BLUEHIPPO FUNDING, LLC and BLUEHIPPO CAPITAL, LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ROYLENE RAY, KELLY CANNON, KARLA HODGES and LAKETA COULTER et al., individually and on behalf of others similarly situated,, Plaintiffs, vs. BLUEHIPPO FUNDING, LLC, BLUEHIPPO CAPITAL, LLC and GATEWAY, INC., Defendants.

Case No. C-06-1807 JSW EMC STATUS REPORT AND [PROPOSED] ORDER REGARDING PROGRESS OF SETTLEMENT DOCUMENTATION

Trial Date: February 1, 2010

STATUS REPORT AND [PROP] ORDER RE PROGRESS OF SETTLEMENT Case No. C-06-1807

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In a stipulated request, dated January 28, 2009, the parties (1) notified the Court of a class action settlement in principle that was reached the previous day with the assistance of Magistrate Judge Spero and (2) asked the Court to suspend certain deadlines and generally stay the action for thirty days to permit the settlement to be documented and submitted to the Court for preliminary class approval. The Court approved the stipulated order on January 29, 2009. The parties now submit this status report to update the Court on the progress to date. While the parties have made substantial progress on documenting the settlement, the review and revision of the settlement documentation is still underway. A draft of the agreement has been completed by BlueHippo and reviewed by Plaintiffs who made a number of proposed revisions currently under review by BlueHippo. BlueHippo expects to have a revised draft of the agreement back to Plaintiffs within the next day or two. Realistically, the parties expect it may take another two weeks to finalize the documentation before it can be submitted to the Court for review and preliminary approval. The parties request, therefore, that the Court extend the temporary stay of the action for another two weeks to permit completion of that process.

STATUS REPORT AND [PROP] ORDER RE PROGRESS OF SETTLEMENT Case No. C-06-1807

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SO STIPULATED. Dated: March 2, 2009. BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP

By:

/s/ Robert M. Bramson

David J. Marshall [e-mail] Debra S. Katz [e-mail] KATZ, MARSHALL, BANKS, LLP 1718 Connecticut Ave., N.W., Sixth Floor Washington, D.C. 20009 Telephone: [phone] Facsimile: [phone] Gary Peller [e-mail] Professor of Law GEORGETOWN UNIVERSITY LAW CENTER 600 New Jersey Avenue, N.W. Washington, D.C. 20001 Telephone: [phone] Facsimile: (202) 662Attorneys for Plaintiffs Dated: March 2, 2009. FARELLA BRAUN & MARTEL LLP

By:

/s/ C. Brandon Wisoff

Attorneys for Defendants BLUEHIPPO FUNDING, LLC and BLUEHIPPO CAPITAL, LLC I hereby attest that I have received authority from the other counsel signatories to file this document. [Signatures Continued on Next Page]

STATUS REPORT AND [PROP] ORDER RE PROGRESS OF SETTLEMENT Case No. C-06-1807

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Dated: March 2, 2009

QUINN EMANUEL URQUHART OLIVER & HEDGES

By:

/s/ Jeffrey D. McFarland

Attorneys for Defendant GATEWAY, INC.

[PROPOSED] ORDER In accordance with the above stipulation and for good cause shown, IT IS SO ORDERED. March 3 Dated: ______________________, 2009. ________________________________________ Jeffrey S White, U. S. District Judge The stay is continued until March 19, 2009. The parties shall either file a stipulation of dismissal or a joint case management statement no later than March 19, 2009.

STATUS REPORT AND [PROP] ORDER RE PROGRESS OF SETTLEMENT Case No. C-06-1807

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