Velasquez et al v. HSBC Finance Corporation et al

Filing 118

ORDER DENYING STIPULATION TO STAY PROCEEDINGS (tdm, COURT STAFF) (Filed on 10/6/2010)

Velasquez et al v. HSBC Finance Corporation et al

Doc. 118

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GEORGE J. TICHY, II, Bar No. 041146 MICHAEL F. MCCABE, Bar No. 111151 MICHELLE R. BARRETT, Bar No. 197280 SOFIJA ANDERSON, Bar No. 221602 LITTLER MENDELSON A Professional Corporation 650 California Street, 20th Floor San Francisco, CA 94108.2693 Telephone: [phone] Facsimile: 415.399.8490 Email: [e-mail]; [e-mail]; [e-mail]; [e-mail] Attorneys for Defendants HSBC FINANCE CORPORATION and Beneficial Company LLC PETER A. MUHIC, pro hac vice BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP 280 King Of Prussia Road Radnor, Pennsylvania 19087 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO PAUL VELASQUEZ, FAVIOLA ALVAREZ, MARCELO ALTAMIRANO, JACKEY WILSON II, CARLOS MARTINEZ and DIONICIO MARTINEZ on behalf of themselves and all others similarly situated, Plaintiffs, v. HSBC FINANCE CORPORATION; HOUSEHOLD FINANCE CORPORATION; BENEFICIAL COMPANY LLC, Defendants. ///
STIPULATION AND [PROPOSED] ORDER TO STAY THE PROCEEDINGS

Case No.: C 08-04592-SC [MEJ] STIPULATION AND [PROPOSED] ORDER TO STAY THE PROCEEDINGS Judge: Courtroom: Complaint Filed: Trial Date: Senior Judge Samuel Conti 1, 17th Floor October 2, 2008 No date set

Case No. 3:08-CV-04592-SC [MEJ]
Dockets.Justia.com

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THIS STIPULATION AND PROPOSED ORDER TO STAY THE PROCEEDINGS is made by and entered into between Defendants HSBC Finance Corporation and Beneficial Company LLC (collectively, "Defendants") and Plaintiffs Marcelo Altamirano and Jackey Wilson II (collectively, "Plaintiffs") so that they may pursue settlement discussions. WHEREAS, Plaintiffs and Defendants jointly filed a Stipulation and [Proposed] Revised Pretrial Scheduling Order on June 18, 2010 for a 120-day extension in order to provide the parties with the time necessary to conduct adequate class discovery prior to briefing class certification; WHEREAS, the Court ordered the 120-day extension pursuant to the terms of the Stipulation and [Proposed] Revised Pretrial Scheduling Order on June 21, 2010; WHEREAS, Plaintiffs' Motion for Class Certification pursuant to Federal Rule of Civil Procedure 23 is currently due to be filed on or before October 18, 2010; WHEREAS, Defendants' Opposition to Class Certification is currently due to be filed by November 18, 2010; WHEREAS, Plaintiffs' Reply in Further Support of Class Certification is currently due to be filed by December 17, 2010; WHEREAS, the hearing on Plaintiffs' Motion for Class Certification is currently scheduled for January 21, 2011 or another date to be set by the Court; WHEREAS, during the preceding 120-day extended period, the Defendants have produced additional documents responsive to Plaintiffs' requests and are continuing to gather and review additional documents, but have not yet completed their production; WHEREAS, the parties wish to stay this litigation for no less than 90 days in order to fully engage in informed settlement discussions upon review of the exchanged information; and WHEREAS, this stipulation is made in good faith and is not made to delay these proceedings or for any other improper purpose. NOW, THEREFORE, it is hereby stipulated and agreed by and between the undersigned parties, through their respective counsel, and subject to the approval of the Court, as follows: 1. The parties agree to stay any litigation of this action. This stay agreement will expire

on January 3, 2011. Upon passing of this deadline, Defendants will provide notice to the parties and
STIPULATION AND [PROPOSED] ORDER TO STAY THE PROCEEDINGS

1.

Case No. 3:08-CV-04592-SC [MEJ]

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the Court that the stay has terminated, and litigation will recommence 48 hours after receipt of this notice. 2. The current deadline for filing the motion with respect to class certification and all

related deadlines shall be vacated. The Court shall set a Status Conference for January 5, 2011 or other date convenient for the Court for the parties to report the status of settlement negotiations and to set renewed class certification briefing and hearing dates, if necessary. 3. This Stipulation and Order is subject to revocation and modification by order of the

Court, upon written stipulations by the parties, or upon motion and reasonable notice.

SO STIPULATED: DATED: October 4, 2010

Barroway Topaz Kessler Meltzer & Check, LLP

BY V 3HWHU $ 0XKLF PETER A. MUHIC Attorneys for Plaintiffs Marcelo Altamirano and Jackey Wilson II DATED: October 4, 2010 Littler Mendelson, P.C.

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S DISTRICT TE C TA

V BY M 0LFKHOOH 5 %DUUHWW ICHELLE R. BARRETT Attorneys for Defendants HSBC Finance Corporation, Beneficial Company, LLC

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STIPULATION AND [PROPOSED] ORDER TO STAY THE PROCEEDINGS

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2.

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PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: __________________________

THE HONORABLE SAMUEL CONTI U.S. DISTRICT COURT JUDGE

STIPULATION AND [PROPOSED] ORDER TO STAY THE PROCEEDINGS

3.

Case No. 3:08-CV-04592-SC [MEJ]

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 ATTESTATION OF CONCURRENCE Pursuant to the Court's General Order 45, Section 10(B), I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing declaration is true and correct to the best of my personal knowledge. Executed this 4th day of October, 2010, in San Francisco, California. BY V 0LFKHOOH 5 %DUUHWW MICHELLE R. BARRETT Attorneys for Defendants HSBC Finance Corporation, Beneficial Company, LLC

STIPULATION AND [PROPOSED] ORDER TO STAY THE PROCEEDINGS

Case No. 3:08-CV-04592-SC [MEJ]