Kilgore et al v. Keybank, National Association et al

Filing 110

ORDER granting re 109 Stipulation Extending Time To Respond to Complaint And To Continue Case Management Conferene filed by Student Loan Xpress Answer due: 10/27/2009. Initial Case Management Conference set for 11/2/2009 01:30 PM.. Signed by Judge Thelton E. Henderson on 10/13/09. (fj, COURT STAFF) (Filed on 10/13/2009)

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Andrew A. August (SBN 112851) [e-mail] Kevin Rooney (SBN 184096) [e-mail] PINNACLE LAW GROUP, LLP 425 California Street, Suite 1800 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Matthew C. Kilgore, William Bruce Fuller and Kevin Wilhelmy UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MATTHEW C. KILGORE, individually and on behalf of all others similarly situated; WILLIAM BRUCE FULLER, individually and on behalf of all others similarly situated; KEVIN WILHELMY, individually and on behalf of all others similarly situated,

) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) KEYBANK NATIONAL ASSOCIATION, a ) national banking association organized under ) the laws of the United States of America and ) successor in interest to KEYBANK USA, N.A.; ) KEY EDUCATION RESOURCES, a division ) of KEYBANK, NATIONAL ASSOCIATION; ) GREAT LAKES EDUCATIONAL LOAN ) SERVICES, INC., a Wisconsin corporation; ) STUDENT LOAN XPRESS, a Delaware ) corporation; AMERICAN EDUCATION ) SERVICES, form of entity unknown; DOES ) 1-25, ) ) Defendants. ) )

Case No. C08-02958 TEH STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND TO CONTINUE CASE MANAGEMENT CONFERENCE FOR DEFENDANTS STUDENT LOAN XPRESS, INC. AND AMERICAN EDUCATION SERVICES [DECLARATION OF ANDREW A. AUGUST FILED CONCURRENTLY HEREWITH]

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND CONTINUE CMC CASE NO. C08-02958 TEH
LA1 1654487v.1

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WHEREAS, the Second Amended Complaint ("Complaint") asserts claims on behalf of a California-only putative class of student-borrowers who were attending a helicopter pilot training school ­ Silver State Helicopters ("Silver State") ­ when Silver State ceased operations and filed a voluntary petition for relief under chapter 7 of title 11 of the United States Code, 11 U.S.C., § 101 et seq., in the United States District Court for the District of Nevada in February 2008, Case No. BK-S-08-10936-MKN; WHEREAS, Silver State is not a party to this action, but rather, the Complaint asserts claims against Defendants who are the holders or servicers of loans taken out by students to finance their education at Silver State; WHEREAS, the putative class is comprised of two classes: (a) a class of studentborrowers whose loans are held by Defendant Student Loan Xpress, Inc. ("SLX") and serviced by Defendant American Education Services ("AES") (the "SLX Class"); and (b) a class of student borrowers whose loans are held by Defendant KeyBank, N.A. ("KeyBank") and serviced by Defendant Great Lakes Education Loan Services, Inc. ("Great Lakes") (the "KeyBank Class"); WHEREAS, this stipulation only relates to the claims brought on behalf of the SLX Class, and Plaintiffs, KeyBank and Great Lakes continue to litigate their respective claims; WHEREAS, approximately 80% of the putative class members are part of the SLX Class because the vast majority of the loans at issue in this action are held by SLX and serviced by AES; WHEREAS, as the Court is aware, this action is one of several actions pending against SLX arising from the closure and bankruptcy of Silver State, including other putative class actions pending in the United States District Court for the Middle District of Florida (the "Florida Action") and the United States District Court for the District of South Carolina, and a non-class action now pending in the United States District Court for the Western District of Washington; WHEREAS, in light of the parties efforts to resolve the claims asserted against SLX and AES through a proposed nationwide class action settlement that would be presented for preliminary approval to the court in the Florida Action, the parties have filed several stipulations -1STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND CONTINUE CMC CASE NO. C08-02958 TEH
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requesting an extension of time for SLX and AES to respond to the Complaint and a continuance of the Case Management Conference; WHEREAS, the current deadline for SLX and AES to respond to the Complaint is October 13, 2009, and the Case Management Conference for SLX and AES is currently set for October 19, 2009 at 1:30 p.m. (see Dkt. 84); WHEREAS, the parties in the Florida Action have completed nearly all of the work necessary to finalize the proposed nationwide settlement, and thus the parties intend to submit the proposed nationwide settlement for preliminary approval to the court in the Florida Action within the next two weeks; WHEREAS, and as the parties have previously advised the Court, the proposed nationwide settlement of the Florida Action would resolve ­ and would result in the dismissal of ­ the claims asserted against SLX and AES in this Action; WHEREAS, Plaintiffs in this Action, Plaintiffs in the Florida Action, and SLX have already expended considerable time and resources in their efforts to reach a settlement that is more than fair, reasonable, and adequate, conserves private and judicial resources, and ensures speedy relief for the proposed nationwide settlement class; and WHEREAS, this request for a two-week extension will allow the parties to work on finalizing the proposed nationwide settlement and presenting it for preliminary approval to the court in the Florida Action, rather than immediately undertake motion practice and other litigation activity; NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs, SLX and AES, through their respective counsel of record, that SLX and AES shall have up to and including October 27, 2009 to answer, move, or otherwise respond to the Complaint. The parties also jointly request that the Case Management Conference for SLX and AES be continued to November 2, 2009 at 1:30 p.m.

-2STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND CONTINUE CMC CASE NO. C08-02958 TEH
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Dated: October 8, 2009

Respectfully submitted, PINNACLE LAW GROUP LLP

By: /s/ Andrew A. August______________ Andrew A. August (SBN 112851) Attorneys for Plaintiffs Dated: October 8, 2009 SIDLEY AUSTIN LLP

By: /s/ Robert M. Stone ______________ Robert M. Stone (SBN 205365) Attorneys for Defendant STUDENT LOAN XPRESS, INC. Dated: October 8, 2009 MCKENNA LONG & ALDRIDGE LLP

By: /s/ Ann G. Grimaldi_______________ Ann G. Grimaldi (SBN 160893) Attorneys for Defendant AMERICAN EDUCATION SERVICES

-3STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT AND CONTINUE CMC CASE NO. C08-02958 TEH
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ORDER Based on the foregoing stipulation of counsel and good cause appearing therefore, it is HEREBY ORDERED that Student Loan Xpress, Inc. ("SLX") and American Education Services ("AES") shall have up to and including October 27, 2009 to answer, move, or otherwise respond to the Complaint. Additionally, the Case Management Conference is hereby continued for SLX and AES until November 2, 2009, at 1:30 p.m. PURSUANT TO STIPULATION OF COUNSEL, IT IS SO ORDERED.

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UNIT ED

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13 Dated: October __, 2009

Hon. Thelton E. Henderson United States District RED RDE Court

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