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

Filing 657

ORDER GRANTING #656 Stipulation Continuing Settlement Documentation Filing Date. Signed by Judge Jeffrey S. White on September 23, 2010. (jswlc3, COURT STAFF) (Filed on 9/23/2010)

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

Doc. 657

Case3:07-cv-02361-JSW Document656

Filed09/23/10 Page1 of 5

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

Jonathan K. Levine (State Bar No. 220289) [e-mail] Elizabeth C. Pritzker (State Bar No. 146267) [e-mail] Todd I. Espinosa (State Bar No. 209591) [e-mail] GIRARD GIBBS LLP 601 California Street San Francisco, California 94108 Telephone: [phone] Facsimile: [phone] Class Counsel and Attorneys for Plaintiffs Clarke and Rebecca Wixon, Norman and Barbara Wixon, and Kandice Scattolon [Additional counsel appear on signature page]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Clarke and Rebecca Wixon, Norman and Barbara Wixon, and Kandice Scattolon, on behalf of themselves and all others similarly situated, Plaintiffs, v. CLASS ACTION Wyndham Resort Development Corp. (f/k/a Trendwest Resorts, Inc.), Defendant. Before: Hon. Jeffrey S. White Case No. C 07-02361 JSW STIPULATION AND [PROPOSED] ORDER CONTINUING SETTLEMENT DOCUMENTATION FILING DATE

STIPULATION AND [PROPOSED] ORDER CONTINUING SETTLEMENT DOCUMENTATION FILING DATE CASE NO. C 07 2361 JSW (BZ)

Dockets.Justia.com

Case3:07-cv-02361-JSW Document656

Filed09/23/10 Page2 of 5

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

On July 7, 2010, Plaintiffs Clarke and Rebecca Wixon, Norman and Barbara Wixon, and Kandice Scattolon (collectively, "Plaintiffs") and Defendant Wyndham Resort Development Corporation ("Wyndham") (Plaintiffs and Wyndham are referred to collectively as the "Parties") notified the Court that they had reached a settlement in principle of all claims asserted by Plaintiffs, individually and on behalf of the class, against Wyndham and sought a stay of the litigation while they negotiated and prepared the settlement documentation. [Dkt. No. 501.] The Parties sought to have the settlement documentation finalized and presented to the Court by September 24, 2010. On that same date, the Court entered a stipulated order suspending pre-trial and trial deadlines, pending submission of formal settlement documentation to the Court. [Dkt. No. 502.] Prior to and following the entry of the stipulated order, the Parties, through their counsel, have exchanged draft settlement documents, conferred with each other to resolve drafting concerns, discussed plans for providing notice to the class, and met with their respective clients and client representatives to discuss and resolve issues pertaining to the settlement and the documentation thereof and to obtain the necessary client approvals and authorizations by the September 24 deadline. Despite the Parties' substantial progress accomplished through diligent, good faith, and cooperative efforts to complete these tasks, the Parties are unable to finalize all of the settlement documents and obtain the necessary client approvals by the September 24 deadline. Wyndham's counsel will be out of the country for two weeks from September 25 through October 11, 2010, and the Parties will require a short time following that date to conclude the settlement documents. Accordingly, the Parties agree to and hereby seek, subject to the Court's approval, a brief extension of the date to submit the final settlement documentation to the Court, from September 24, 2010 to no later than October 19, 2010. The Parties have not previously sought an extension of time for this purpose.

1
STIPULATION AND [PROPOSED] ORDER CONTINUING SETTLEMENT DOCUMENTATION FILING DATE
CASE NO. C 07 2361 JSW (BZ)

Case3:07-cv-02361-JSW Document656

Filed09/23/10 Page3 of 5

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

Dated: September 23, 2010

Respectfully submitted, GIRARD GIBBS LLP By: /s/ Jonathan K. Levine Jonathan K. Levine

Elizabeth C. Pritzker 601 California Street, 14th Floor San Francisco, California 94108 Telephone: [phone] Facsimile: [phone] James Helfrich (admitted pro hac vice) GERSH & HELFRICH, LLP 1860 Blake Street, Suite 300 Denver, Colorado 80202 Telephone: [phone] Facsimile: [phone] Attorneys for the Class and Plaintiffs Clarke and Rebecca Wixon, Norman and Barbara Wixon, and Kandice Scattolon Dated: September 23, 2010 TROUTMAN SANDERS, LLP By: /s/ J. Kirk Quillian_________ J. Kirk Quillian (admitted pro hac vice)

J. Kirk Quillian (admitted pro hac vice) 5200 Bank of America Plaza 600 Peachtree Street, N.E. Atlanta, Georgia 30308-2216 Telephone: [phone] Facsimile: [phone] SCHIFF HARDIN LLP Stephen M. Hankins One Market, Spear Street Tower, 32nd Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Wyndham Resort Development Corporation 2
STIPULATION AND [PROPOSED] ORDER CONTINUING SETTLEMENT DOCUMENTATION FILING DATE
CASE NO. C 07 2361 JSW (BZ)

Case3:07-cv-02361-JSW Document656

Filed09/23/10 Page4 of 5

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

PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED.

September 23, Dated:__________________, 2010

____________________________________________ Honorable Jeffrey S. White United States District Judge

3
STIPULATION AND [PROPOSED] ORDER CONTINUING SETTLEMENT DOCUMENTATION FILING DATE
CASE NO. C 07 2361 JSW (BZ)