Wixon et al v. Wyndham Resort Development Corp., et al

Filing 494

ORDER GRANTING #493 Stipulation Continuing Settlement Documentation Filing Date. Signed by Judge Jeffrey S. White on June 25, 2010. (jswlc2, COURT STAFF) (Filed on 6/25/2010)

Case3:07-cv-02361-JSW Document493

Filed06/24/10 Page1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Matthew G. Ball (SBN 208881) [e-mail] K & L GATES LLP 4 Embarcadero Center, Suite 1200 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Judith H. Ramseyer (admitted pro hac vice) [e-mail] LAW OFFICES OF JUDITH H. RAMSEYER PLLC 2025 First Avenue, Suite 1130 Seattle, WA 98121 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants GENE HENSLEY, DAVID HERRICK, JOHN HENLEY, PEGGY FRY, and JOHN McCONNELL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Clark and Rebecca Wixon, Norman and Barbara Wixon, and Kandice Scattolon, derivatively and on behalf of themselves and all others similarly situated, Plaintiffs, v. Class and Derivative Action WRDC Resort Development Corp. (f/k/a Trendwest Resorts, Inc.), Gene Hensley, David Herrick, John Henley, Peggy Fry, John McConnell, and nominally, WorldMark, The Club, Defendants. Case No. C 07-2361 JSW STIPULATION AND ORDER CONTINUING SETTLEMENT DOCUMENTATION FILING DATE

1
STIPULATION AND ORDER CONTINUING SETTLEMENT DOCUMENTATION FILING DATE CASE NO.: C 07 2361 JSW

Case3:07-cv-02361-JSW Document493

Filed06/24/10 Page2 of 4

1 2 3 4 5 6 7 8 9 10 11

On June 9, 2010, Plaintiffs Clarke and Rebecca Wixon, Norman and Barbara Wixon, and Kandice Scattolon ( Plaintiffs ), and Defendants Gene Hensley, David Herrick, John Henley, Peggy Fry, and John McConnell ( Director Defendants ) (collectively, the Parties ), notified the Court they had reached a settlement in principle of all claims asserted by Plaintiffs against Director Defendants in this derivative litigation. Dkt. 491. On that date, the Court entered a stipulated order suspending pre-trial and trial deadlines as to the Parties, pending submission of formal settlement documentation to the Court, notice and hearing on the fairness and adequacy of the settlement, and Court approval of its terms. Dkt. 492. Prior to and following the entry of the stipulated order suspending pre-trial and trial deadlines (Dkt. 492), the Parties have exchanged draft settlement documents, met and conferred with one

12 13 14 15 16 17 18 19 extension of the date to submit final settlement documentation to the Court, from June 25, 2010 to 20 21 22 23 24 25 26 27 28 1 Attorneys for Individual and Representative Plaintiffs Clarke and Rebecca Wixon, Norman and Barbara Wixon, and Kandice Scattolon Dated: June 24, 2010. July 2, 2010. The Parties have not previously sought an extension of time for this purpose. Respectfully submitted, GIRARD GIBBS LLP By: /s/ Elizabeth C. Pritzker Jonathan K. Levine Elizabeth C. Pritzker another to resolve drafting concerns, discussed notice plans, and are in the process of meeting with their clients and client representatives to resolve drafting issues and obtain necessary approvals and authorizations. Despite the Parties diligent and good faith efforts to complete these tasks, the Parties are unable to finalize the settlement documentation process and obtain the necessary client approvals by the June 25, 2010 deadline specified in the Court s June 9 order. Accordingly, the Parties agree to and hereby seek, subject to Court approval, a one-week

STIPULATION AND ORDER CONTINUING SETTLEMENT DOCUMENTATION FILING DATE CASE NO.: C 07 2361 JSW

Case3:07-cv-02361-JSW Document493

Filed06/24/10 Page3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
STIPULATION AND ORDER CONTINUING SETTLEMENT DOCUMENTATION FILING DATE CASE NO.: C 07 2361 JSW

Dated: June 24, 2010.

K&L GATES LLP By:___/s/ Matthew G. Ball________ Matthew G. Ball LAW OFFICES OF JUDITH H. RAMSEYER PLLC Judith H. Ramseyer Attorneys for Defendants Gene Hensley, John Henley, David Herrick, Peggy Fry, and John McConnell

Case3:07-cv-02361-JSW Document493

Filed06/24/10 Page4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
STIPULATION AND ORDER CONTINUING SETTLEMENT DOCUMENTATION FILING DATE CASE NO.: C 07 2361 JSW

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: June ___, 2010. 25 Jeffrey S. White, United States District Judge