Ray et al v. Bluehippo Funding, LLC et al

Filing 257

ORDER on Case Management Statement Continuing Stay of Litigation until March 31, 2009.. Signed by Judge Jeffrey S. White on 3/20/09. (jjo, COURT STAFF) (Filed on 3/20/2009)

Case 3:06-cv-01807-JSW

Document 256

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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 JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] ORDER THEREON

Trial Date: February 1, 2010

JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] ORDER THEREON 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. On March 3, 2009, the Court approved an additional two week stay of the action to and including March 19, 2009 to allow the parties to complete documentation of the settlement. In the March 3, 2009 order, the Court directed the parties either to file a stipulation of dismissal or a joint case management statement no later than March 19, 2009. The parties have made substantial progress in documenting the settlement, but as is not unusual in a class settlement, a number of unanticipated issues and complexities have arisen that that have required careful consideration of the parties and their counsel. Most of these issues have been resolved, but there are a handful of issues that the parties are still discussing. The parties continue to believe that the issues can be resolved through drafting compromises and will not become conceptual obstacles to completion of the settlement. The parties jointly request that the Court continue the stay in place for another two weeks to allow the parties to work through the few remaining issues. None of the parties desires the Court to lift the stay or enter a scheduling order that would require the parties to simultaneously litigate the matter while trying to finalize the settlement, as that would only divert resources needed to complete the settlement process. The parties are happy to answer any questions that the Court may have.

[Signatures on Next Page]

JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] ORDER THEREON Case No. C-06-1807

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Dated: March 19, 2009.

Respectfully submitted, 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 19, 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]

JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] ORDER THEREON Case No. C-06-1807

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Dated: March 19, 2009

QUINN EMANUEL URQUHART OLIVER & HEDGES

By:

/s/ Jeffrey D. McFarland

Attorneys for Defendant GATEWAY, INC. [PROPOSED] ORDER ON CASE MANAGEMENT CONFERENCE In accordance with the above Case Management Conference Statement and for good March 31 cause shown, the stay of this litigation is continued until ____________________, 2009 to allow the parties to complete documentation of the Settlement. By that date, the parties shall either file papers seeking preliminary approval of a proposed class action settlement or a further joint case management statement. SO ORDERED, March 20 Dated, ______________, 2009

Jeffrey S. White, U.S. District Judge

JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] ORDER THEREON Case No. C-06-1807

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