Ray et al v. Bluehippo Funding, LLC et al

Filing 307

ORDER GRANTING 303 Stipulation to Change Hearing Time and RESOLVING 304 MOTION to Continue. Signed by Judge Jeffrey S. White on September 4, 2009. (jswlc2, COURT STAFF) (Filed on 9/4/2009)

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Douglas R. Young (State Bar No. 073248) [e-mail] C. Brandon Wisoff (State Bar No. 121930) bwiso [e-mail] m Stephanie Powers Skaff (State Bar No. 183119) [e-mail] m 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, individually and on behalf of others similarly situated, Plaint iffs, vs. BLUEHIPPO FUNDING, LLC, BLUEHIPPO CAPITAL, LLC and GATEWAY, INC., Defendants.

Case No. C-06-1807 JSW STIPULATION AND [PROPOSED] ORDER CHANGING HEARING DATE/TIME ON PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, ESTRADA'S MOTION TO INTERVENE AND BLUEHIPPO'S COUNSEL'S MOTION TO WITHDRAW TRIAL DATE: February 1, 2010

Plaint iffs Kelly Cannon, Karla Hodges, Laketa Coulter, Myra Ayar, Linda Pullum and Janice Shoemaker ("Plaintiffs"), Defendants BlueHippo Funding, LLC and BlueHippo Capital, LLC ("BlueHippo") and proposed Intervenor Julio Estrada, by and through counsel, hereby stipulate as follow: 1. On September 1, 2009, the Court entered an Order (Docket No. 302) sua sponte

continuing from September 4, 2009 to September 25, 2009 the hearing on: (1) Plaintiffs' motion for provisional certification of a settlement class and preliminary approval of class settlement; (2)
STIPULATION AND [PROPOSED] ORDER CHANGING 9.25.09 HEARING DATE; Case No. C 06-1807 JSW

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Estrada's motion to intervene and object to that settlement; and (3) the motion of BlueHippo's counsel, the law firm of Farella Braun + Martel LLP, to withdraw as counsel. 2. BlueHippo's counsel has informed counsel for the other parties that he has another

hearing (a class certification hearing) also set for September 25, 2009 before the Honorable Ronald M. Whyte, United States District Judge for the Northern District of California, San Jose Division. BlueHippo's counsel represents that this hearing has been set long in advance and clients and other counsel are flying from out of state to be at that hearing. 3. In view of this conflict, counsel for the parties discussed possible alternatives to

September 25 as a hearing date for the above-referenced motions set in this case. Unfortunately counsel were not able to find a Friday morning in September or much of October where one party or the other did not have an unavoidable conflict. Plaintiffs also did not want to continue the hearing past the last week in September. 4. If the Court could accommodate them, the parties could be available for the

hearing on September 25 (as now scheduled) if the hearing time were moved from 9:00 a.m. to 3:00 p.m. Alternatively, the parties could all be available on September 30 (a Wednesday). The parties respectfully request that the Court consider those alternatives. SO STIPULATED.

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Dated: September 4, 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.

Dated: September 4, 2009

BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP By: /s/ Robert M. Bramson

Attorneys for Plaintiffs ROYLENE RAY, KELLY CANNON, KARLA HODGES, LAKETA COULTER, LINDA PULLUM, MAYRA AYAR, ESPERANZA OCHOA and JANIS SHOEMAKER

Dated: September 4, 2009

QUINN EMANUEL URQUHART OLIVER & HEDGES

By:

/s/ Jeffrey D. McFarland

Attorneys for Defendant GATEWAY, INC.

Dated: September 4, 2009

FEDERMAN & SHERWOOD By: /s/ William B. Federman

Attorneys for Movant/Proposed Intervenor JULIO ESTRADA
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ORDER For good cause shown, the hearing currently set on September 25, 2009 for (1) Plaintiffs' motion for provisional certification of a settlement class and preliminary approval of class settlement; (2) Estrada's motion to intervene and object to said settlement; and (3) the motion of BlueHippo's counsel to withdraw are hereby continued from September 25, 2009 at 9:00 a.m. to September 25, 2009 at 2:00 p.m. _________________________________________. SO ORDERED. September 4, 2009 Dated: ___________________ ______________________________ HON. JEFFREY S. WHITE United States District Judge

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