Gaudin v. Saxon Mortgage Services, Inc.

Filing 155

STIPULATION AND ORDER re 154 Stipulation and [Proposed] Order to Suspend Entry of Final Judgment Pending Compliance with Class Action Fairness Act Notice Requirements filed by Marie Gaudin. Signed by Judge Jon S. Tigar on December 11, 2015. (wsn, COURT STAFF) (Filed on 12/11/2015)

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Daniel J. Mulligan (Cal. State Bar No. 103129)
JENKINS MULLIGAN & GABRIEL LLP
10085 Carroll Canyon Road, Suite 210
San Diego, CA 92131
Telephone: [phone]
[e-mail]

Stephen Scotch-Marmo (Pro Hac Vice)
MORGAN, LEWIS & BOCKIUS LLP
399 Park Avenue, Floor 24
New York, NY 10022
Telephone: [phone]
[e-mail]

Peter B. Fredman (Cal. State Bar No. 189097)
LAW OFFICE OF PETER FREDMAN PC
125 University Ave, Suite 102
Berkeley, CA 94710
Telephone: [phone]
[e-mail]

John B. Sullivan (Cal. State Bar No. 96742)
Erik Kemp (Cal. State Bar No. 246196)
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
Telephone: [phone]
[e-mail]

Attorneys for Plaintiff MARIE GAUDIN,
for herself and persons similarly situated

Attorneys for Defendant
SAXON MORTGAGE SERVICES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARIE GAUDIN, individually, and on
behalf of others similarly situated,

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Plaintiff,
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v.
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SAXON MORTGAGE SERVICES, INC. a )
Texas corporation, and Does 1-100,
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Defendants.
_____________________________________ )

Case No. C 11-1663-JST
CLASS ACTION
STIPULATION AND PROPOSED
ORDER TO SUSPEND ENTRY OF
FINAL JUDGMENT PENDING
COMPLIANCE WITH CLASS
ACTION FAIRNESS ACT NOTICE
REQUIREMENTS

Plaintiff Marie Gaudin (“Plaintiff”) and Defendant Saxon Mortgage Services, Inc.

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(“Defendant”) (collectively, the “parties”), hereby stipulate and request an order and revised

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entry of judgment as follows:

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WHEREAS, on November 25, 2015, the Court issued Judgment Granting Final
Approval to Class Action Settlement (etc.) in this action (the “Judgment”) (see Dkt. 153);
WHEREAS, the underlying settlement was governed by the Class Action Fairness Act,
28 U.S.C. §§ 1332(d) et seq. (“CAFA”);
WHEREAS, CAFA required Defendant to provide notice of the settlement pursuant to
government officials pursuant to 28 U.S.C. § 1715 (“CAFA Notice”);
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_______________________________________________
STIPULATION AND ORDER TO SUSPEND ENTRY OF FINAL JUDGMENT PENDING
COMPLIANCE WITH CLASS ACTION FAIRNESS ACT NOTICE REQUIREMENTS
Gaudin vs. Saxon Mortgage Services, Inc. - C 11-1663-JST

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WHEREAS, the Settlement Agreement and Release of Claims shifted the duty to
provide CAFA Notice to the Plaintiff (see Dkt. 129-1 at ¶ 45); and

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WHEREAS, Plaintiff inadvertently failed to provide such CAFA Notice;

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WHEREAS, an “order giving final approval of a proposed settlement may not be issued

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earlier than 90 days after the later of the dates on which the appropriate Federal official and the

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appropriate State official are served with the notice.” 28 U.S.C. § 1715(d).

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THEREFORE, the parties stipulate and request that the Court order as follows:

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1.

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withdrawn pending compliance with CAFA Notice requirements as set forth below.

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The parties request that the Court order that the Judgment in this action is

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Plaintiff will serve the requisite CAFA Notice on the appropriate Federal and/or

State officials by December 18, 2015.

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3.

If no objection or opposition to the settlement is received from such Federal

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and/or State officials by March 17, 2016, then the Judgment will be deemed entered on that

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date.

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4.

If such an objection or opposition to the settlement is received, then the Court

shall set a hearing and briefing schedule to address and resolve them.

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IT IS SO STIPULATED

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DATE: December 10, 2015

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JENKINS MULLIGAN & GABRIEL LLP
LAW OFFICE OF PETER FREDMAN
By: /s/ Peter Fredman
PETER FREDMAN
Attorneys for Plaintiff and the Class

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DATE: December 10, 2015

MORGAN, LEWIS & BOCKIUS LLP
By: /s/ Stephen Scotch-Marmo
STEPHEN SCOTCH-MARMO
Attorneys for Defendant,
SAXON MORTGAGE SERVICES, INC.
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_______________________________________________
STIPULATION AND ORDER TO SUSPEND ENTRY OF FINAL JUDGMENT PENDING
COMPLIANCE WITH CLASS ACTION FAIRNESS ACT NOTICE REQUIREMENTS
Gaudin vs. Saxon Mortgage Services, Inc. - C 11-1663-JST

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IT IS SO ORDERED:

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The Judgment (Dkt. 153) in this action is withdrawn pending compliance with

CAFA Notice requirements as set forth below.
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Plaintiff will serve the requisite CAFA Notice on the appropriate Federal and/or

State officials by December 18, 2015.
3.

If no objection or opposition to the settlement is received from such Federal

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and/or State officials by March 17, 2016, then the Judgment will be deemed entered on that

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date. In that event, the Final Accounting Hearing described in paragraph 14 of the Judgment

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shall be continued from April 20, 2016 to August 10, 2016.
If such an objection or opposition to the settlement is received from the noticed

officials by March 17, 2016, then the Court will set a hearing and briefing schedule thereon.

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APPRO

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. Ti ga r

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R NIA

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UNIT
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________________________________
Hon. Jon S. Tigar
U.S. District Court Judge D
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Date: December 11, 2015

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_______________________________________________
STIPULATION AND ORDER TO SUSPEND ENTRY OF FINAL JUDGMENT PENDING
COMPLIANCE WITH CLASS ACTION FAIRNESS ACT NOTICE REQUIREMENTS
Gaudin vs. Saxon Mortgage Services, Inc. - C 11-1663-JST