Yakes v. Chase Manhattan Bank USA, N.A.

Filing 79

ORDER CONTINUING SETTLEMENT CONFERENCE. Signed by Judge Alsup on May 20, 2010. (whalc2, COURT STAFF) (Filed on 5/20/2010)

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LANDSKRONER GRIECO MADDEN, LLC 1 JACK LANDSKRONER (Pro Hac Vice) DREW LEGANDO (Pro Hac Vice) 2 1360 West 9th Street, Suite 200 Cleveland, OH 44113 3 Telephone: 216/522-9000 216/522-9007 (fax) 4 jack@lgmlegal.com drew@lgmlegal.com 5 ROBBINS GELLER RUDMAN & DOWD LLP 6 FRANK J. JANECEK, JR. (156306) CHRISTOPHER COLLINS (189093) 7 655 West Broadway, Suite 1900 San Diego, CA 92101 8 Telephone: 619/231-1058 619/231-7423 (fax) 9 frankj@rgrdlaw.com chrisc@rgrdlaw.com 10 Attorneys for Plaintiff 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 MARY JANE YAKAS, on Behalf of Herself ) No. 09-cv-02964-WHA 14 and All Others Similarly Situated, ) ) CLASS ACTION 15 Plaintiff, ) ) 16 vs. STIPULATION AND [PROPOSED] ORDER ) 17 CHASE MANHATTAN BANK USA, N.A., ) CONTINUING SETTLEMENT Predecessors, Successors, and Subsidiaries, and) CONFERENCE 18 DOES 1-100, Names and Addresses Currently ) NO HEARING DATE Unknown, ) 19 ) Defendants. 20 ) 21 22 WHEREAS, on October 15, 2009, this Court issued an order in the above-captioned action WHEREAS, on October 15, 2009, at a hearing before this Court, Judge William Alsup 23 referring this matter to Magistrate Judge Joseph C. Spero for Mediation/Settlement. 24 25 expressed his admonition that no settlement discussions be held prior to the class certification hearing. 26 WHEREAS, on October 15, 2009, this Court issued an order scheduling any motion for class 27 certification to be filed by March 25, 2010, on a normal 35-day briefing track. 28 1 1 2 3 WHEREAS, on October 28, 2009, Magistrate Judge Joseph C. Spero issued an order setting a Settlement Conference for June 2, 2010, approximately five weeks after the anticipated April 29, 2010, hearing date for Plaintiff's motion for class certification. WHEREAS, on April 1, 2010, this Court issued an order scheduling the hearing on WHEREAS, on April 13, 2010, this Court issued an order denying Defendant's motion to 4 Plaintiff's motion for class certification for May 13, 2010. 5 6 stay all proceedings until after the Judicial Panel on Multidistrict Litigation determines whether to transfer this case and rescheduled the hearing on Plaintiff's motion for class certification to June 10, 7 2010. 8 WHEREAS, counsel for Plaintiff and Defendant respectfully submit that good cause exists to 9 vacate the existing June 2, 2010, Settlement Conference until such time as the Court has the 10 opportunity to rule on Plaintiff's motion for class certification. 11 IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 7-12, by and between 12 undersigned counsel for the parties, that the Settlement Conference scheduled for June 2, 2010, be 13 vacated and rescheduled for a date that is not less than 30 days after the Court's ruling on Plaintiff's 14 motion for class certification, or such other time as the Court shall determine to be appropriate. 15 16 DATED: May 19, 2010 17 18 19 20 21 22 23 24 25 26 27 28 Respectfully submitted, LANDSKRONER GRIECO MADDEN, LLC s/Jack Landskroner JACK LANDSKRONER DREW LEGANDO 1360 West 9th Street, Suite 200 Cleveland, OH 44113 Telephone: 216/522-9000 216/522-9007 (fax) ROBBINS GELLER RUDMAN & DOWD LLP FRANK J. JANECEK, JR. CHRISTOPHER COLLINS 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: 619/231-1058 619/231-7423 (fax) Attorneys for Plaintiff 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ROPERS, MAJESKI, KAHN & BENTLEY s/George G. Weickhardt GEORGE G. WEICKHARDT (SBN 58586) WENDY C. KROG (SBN 257010) 201 Spear Street, Suite 1000 San Francisco, CA 94105-1667 Telephone: (415) 543-4800 Facsimile: (415) 972-6301 Email: gweickhardt@rmkb.com wkrog@rmkb.com LEANN PEDERSEN POPE VICTORIA R. COLLADO MICHAEL G. SALEMI Burke, Warren, MacKay & Serritella, P.C. 330 North Wabash, 22nd Floor Chicago, IL 60611 Telephone: (312) 840-7000 Fax: (312) 840-7900 Email: lpope@burkelaw.com vcollado@burkelaw.com msalemi@burkelaw.com Admitted Pro Hac Vice Attorneys for Defendant ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: May 20, 2010. The Honorable William Alsup DERED Judge of the United O ORDistrict Court SStates S UNIT ED S S DISTRICT TE C TA RT U O 26 27 28 N F D IS T IC T O R A 25 ER C LI 2 FO 24 up liam Als dge Wil Ju R NIA IT I NO RT H

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