Ray et al v. Bluehippo Funding, LLC et al

Filing 259

ORDER re 258 Case Management Conference (stay of this litigation is continued until 4/7/2009 to allow parties to submit a motion) filed by Bluehippo Funding, LLC, Bluehippo Capital, LLC. Signed by Judge Jeffrey S. White on 3/31/09. (fj, COURT STAFF) (Filed on 3/31/2009)

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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

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

8 9 10 11 12 13 14 Attorneys for Defendant GATEWAY, INC. 15 16 17 18 19 20 21 22 Plaintiffs, 23 vs. 24 25 26 Defendants. 27 28
FUR. JT CMC STATEMENT RE PROGRESS OF SETTLEMENT AND [PROPOSED] ORDER THEREON Case No. C-06-1807

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]

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,,

Case No. C-06-1807 JSW EMC FURTHER JOINT CASE MANAGEMENT CONFERENCE STATEMENT REGARDING PROGRESS OF SETTLEMENT AND [PROPOSED] ORDER THEREON

BLUEHIPPO FUNDING, LLC, BLUEHIPPO CAPITAL, LLC and GATEWAY, INC., Trial Date: February 1, 2010

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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 Court subsequently extended the stay by additional stipulated orders, dated March 3 and 20, 2009, and in the March 20 order gave the parties until March 31, 2009 to submit preliminary approval papers or a further case management conference statement. The parties now have a final settlement agreement that has been fully documented and is being circulated for signatures. The parties request that the Court extend the stay for another week to April 7 to gather the signatures and to permit class counsel to submit preliminary approval papers to the Court. The parties further request that the anticipated preliminary approval motion be decided as promptly as the Court's schedule permits, and the parties ask permission to waive hearing on that motion or to attend a hearing on shortened time if the Court has any questions.

[Signatures on Next Page]

FUR. JT CMC STATEMENT RE PROGRESS OF SETTLEMENT AND [PROPOSED] ORDER THEREON Case No. C-06-1807

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Dated: March 31, 2009.

Respectfully submitted, BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP

By: 5 6 7 8 9 10 11 12 13 14 15 16 17 Dated: March 31, 2009. 18 19 By: 20 21 22 23 24 25 [Signatures Continued on Next Page] 26 27 28
FUR. JT CMC STATEMENT RE PROGRESS OF SETTLEMENT AND [PROPOSED] ORDER THEREON Case No. C-06-1807

/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 FARELLA BRAUN & MARTEL LLP

/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.

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Dated: March 31, 2009

QUINN EMANUEL URQUHART OLIVER & HEDGES

By: 4 5 6 7 8 9 10 11 12 13 14 15 16 17

/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 April 7 cause shown, the stay of this litigation is continued until ____________________, 2009 to allow the parties to submit a motion seeking preliminary approval of a proposed class action settlement. The motion shall be submitted on the papers with no hearing and decided by the Court as soon as Upon receipt of the submissions, the Court will decide whether and when a practicable. hearing may be necessary. SO ORDERED, DISTRI

Jeffrey S. White, U.S. District Judge D

UNIT ED

March 31 Dated, ______________, 2009

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FUR. JT CMC STATEMENT RE PROGRESS OF SETTLEMENT AND [PROPOSED] ORDER THEREON Case No. C-06-1807

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