Hays et al v. Commonwealth Land Title Insurance Company et al

Filing 43

ORDER GRANTING AS MODIFIED 42 STIPULATION PULATION TO SHORTEN TIME FOR HEARING. Motion Hearing set for 7/6/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 5/31/12. (jjoS, COURT STAFF) (Filed on 5/31/2012)

Case3:10-cv-05336-JSW Document42 Filed05/30/12 Page1 of 3

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Robert L. Brace, Esq., SBN 122240
Email: [e-mail]
HOLLISTER & BRACE
P.O. Box 630
Santa Barbara, CA 93102
Telephone: [phone]
Facsimile: [phone]

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Attorneys for the Hays Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Case No.: C 10-05336 JSW

VIVIAN R. HAYS, an individual, et al.

Plaintiffs,
vs.

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Assigned to the Hon. Jeffrey S. White
JOINT STIPULATION AND
[PROPOSED] ORDER TO SHORTEN
TIME FOR HEARING ON PLAINTIFFS’
MOTION FOR PRELIMINARY
APPROVAL OF THE $11 MILLION
SETTLEMENT

COMMONWEALTH LAND TITLE
INSURANCE COMPANY, a Nebraska
corporation, et al.,

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Defendants.

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Current Date:
July 20, 2012
Requested Date: June 22, 2012

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Pursuant to Local Rule 6-2, the parties request an order shortening time for the hearing

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on Plaintiffs’ Motion for Preliminary Approval of the $11 million Class Settlement from July 20,

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2012 to June 22, 2012, or to the earliest date thereafter as the matter may be heard.

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WHEREAS on May 15, 2012, Plaintiffs filed a motion to preliminarily approve an $11

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million class-wide settlement (the “Class Settlement’) with the Defendants in the above-

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captioned matter, setting the hearing date for July 20, 2012, which was the first available date.

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(Dkt. No. 38);

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WHEREAS a $36.8 settlement has been reached in the related bankruptcy matter1 (the

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“Bankruptcy Settlement”) which is contingent only upon the final approval of the Class

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The Bankruptcy proceeding referred to herein is In re LandAmerica Financial Group Inc., United States
Bankruptcy Court for the Eastern District of Virginia, Case No. 08-35994-KRH.
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JOINT STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME OF HEARING
Case No. C-10-5336-JSW

Case3:10-cv-05336-JSW Document42 Filed05/30/12 Page2 of 3

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Settlement to be fully effective;

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WHEREAS the underlying economic loss at issue in this litigation occurred in 2008 and

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the parties desire an expedited hearing on the Class Settlement so that the $38.6 million

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Bankruptcy Settlement may be distributed to the settlement class members prior to the end of the

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current calendar year;

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WHEREAS the Class Settlement is contingent upon the court’s final approval and the date

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currently set for that hearing is November 16, 2012. If the July 20 hearing is advanced to June

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22, final approval may be obtained as early as mid-October 2012, making it possible to distribute

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the funds by the close of 2012.

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Therefore, the Parties HEREBY STIPULATE AND AGREE that the July 20, 2012

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hearing date on Plaintiffs’ Motion for Preliminary Approval of the $11 million Settlement should

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be moved to June 22, 2012, and hereby request an order from the court changing the hearing date

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to June 22, 2012, or to the earliest date thereafter as the matter may be heard.

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I, Robert L. Brace, attest that concurrence in the filing of this document has been
obtained from the other signatory.

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Respectfully submitted,

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Dated: May 30, 2012

HOLLISTER & BRACE

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By:

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/s/
Robert L. Brace
Counsel for the Hays Plaintiffs

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Dated: May 30, 2012

LITTLER MENDELSON P.C.

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By:

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/s/
Margaret Keane
Counsel for the Defendants

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JOINT STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME OF HEARING
Case No. C-10-5336-JSW

Case3:10-cv-05336-JSW Document42 Filed05/30/12 Page3 of 3

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PURSUANT TO STIPULATION, and good cause appearing, IT IS ORDERED that the
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July 20, 2012 hearing date is moved to June 22, 2012.

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May
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Dated this ____ day of _____, 2012

______________________________
HON. JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME OF HEARING
Case No. C-10-5336-JSW