Sonoda et al v. Amerisave Mortgage Corporation

Filing 85

ORDER approving stipulation to continue stay of litigation re #84 Status Report filed by Amerisave Mortgage Corporation. Signed by Judge Edward M. Chen on 8/29/12. (bpf, COURT STAFF) (Filed on 8/29/2012)

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KILPATRICK TOWNSEND & STOCKTON LLP
ROBERT D. TADLOCK (State Bar No. 238479)
Two Embarcadero Center, Eighth Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Pro hac vice:
JAMES F. BOGAN III (GA State Bar No. 065220)
CINDY D. HANSON (GA State Bar No. 323920)
KATHRYN C. EDERLE (GA State Bar No. 940539)
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
AMERISAVE MORTGAGE CORPORATION
JAMES C. STURDEVANT (SBN 94551)
([e-mail])
THE STURDEVANT LAW FIRM
A Professional Corporation
354 Pine Street, Fourth Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
STEVEN A. SKALET (admitted pro hac vice)
([e-mail])
CRAIG L. BRISKIN (admitted pro hac vice)
([e-mail])
MEHRI & SKALET, PLLC
1250 Connecticut Ave., NW, Suite 300
Washington, DC 20036
Telephone: [phone]
Facsimile: [phone]
MICHAEL D. DONOVAN (admitted pro hac vice)
([e-mail])
NOAH AXLER (admitted pro hac vice)
([e-mail])
DONOVAN AXLER, LLC
1845 Walnut Street, Suite 1100
Philadelphia, PA 19103
Telephone: [phone]
Facsimile:
215-732-8060

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JOINT CASE STATUS REPORT AND STIPULATION TO STAY OF LITIGATION &
[PROPOSED] ORDER - CASE NO. CV 11-01803 EMC

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WHITNEY STARK (SBN 234863)
([e-mail])
RUKIN, HYLAND, DORIA & TINDALL
100 Pine Street, Suite 2150
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and the Putative Class

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JUNICHIRO SONODA, LIEN DUONG, and
MARVIN KUPERSMIT, individually and on
behalf of the proposed class,
Plaintiff,

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v.
AMERISAVE MORTGAGE
CORPORATION,
Defendant.

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Case No. C 11-01803 EMC
CLASS ACTION

JOINT CASE STATUS REPORT
AND STIPULATION TO
CONTINUE STAY OF
LITIGATION AND [PROPOSED]
ORDER
Courtroom:
Judge:

5, 17th Floor
Hon. Edward M. Chen

Trial Date:
None
Complaint Filed: March 2, 2011

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Plaintiffs Junichiro Sonoda, Lien Duong, and Marvin Kupersmit, and Defendant Amerisave

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Mortgage Corporation hereby submit this Joint Case Status Report and Stipulation to Continue Stay

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of Litigation. The parties hereby state the following:

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As previously reported, on April 26, 2012, the parties reached an agreement in principle to

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settle this litigation on a class basis. By consent order, this litigation was stayed and the parties

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were ordered to either file the settlement documents or provide the Court with an update on their

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status by June 25, 2012. By subsequent consent order, this litigation continued to be stayed and the

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JOINT CASE STATUS REPORT AND STIPULATION TO STAY OF LITIGATION &
[PROPOSED] ORDER - CASE NO. CV 11-01803 EMC

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parties were ordered to either file the settlement documents or provide the Court with an update on

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their status by August 27, 2012.

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The parties are close to executing a settlement agreement and documents in support of

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preliminary approval of the settlement. The parties have resolved most of the open issues related to

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the settlement and anticipate filing the settlement documents and a motion for preliminary approval

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on August 31, 2012. Accordingly, the parties propose that the Court order a short extension of the

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litigation stay, to August 31, 2012, by which time the parties will either file the settlement

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documents, or provide the Court with an updated status report. The parties also request that

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assuming the settlement documents are filed on August 31, 2012, a hearing on the motion for

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preliminary approval be scheduled for October 5, 2012.

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DATED:

August 27, 2012

Respectfully submitted,

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RUKIN, HYLAND, DORIA & TINDALL
THE STURDEVANT LAW FIRM, PC
MEHRI & SKALET, PLLC
DONOVAN SEARLES, LLC
Attorneys for Plaintiffs

KILPATRICK TOWNSEND & STOCKTON
LLP
Attorneys for Defendant

By: /s/ Whitney Stark
Whitney Stark

By: /s/ Robert D. Tadlock_____
Robert D. Tadlock

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JOINT CASE STATUS REPORT AND STIPULATION TO STAY OF LITIGATION &
[PROPOSED] ORDER - CASE NO. CV 11-01803 EMC

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
In light of the parties’ advising the Court that they have reached a settlement in principle and

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are cooperating in executing the necessary settlement documents, the litigation and all deadlines

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hereby continue to be stayed. The parties are to file the settlement documents by August 31, 2012

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or provide the Court with an update of their status at that time. If the settlement documents are filed

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on August 31, 2012, a hearing on the motion for preliminary approval is hereby set for October 5,

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2012.

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ORDERED

Judge Edward

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IT IS SO

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__________________________________
EDWARD CHEN ED
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Judge of the United States District Court
IS SO O
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UNIT
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August 29, 2012
Dated: ____________________________

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JOINT CASE STATUS REPORT AND STIPULATION TO STAY OF LITIGATION &
[PROPOSED] ORDER - CASE NO. CV 11-01803 EMC

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ATTESTATION CLAUSE REGARDING SIGNATURES

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Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under

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penalty of perjury that I have on file permission to sign for co-counsel indicated by a “conformed”

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signature (/s/) within this e-filed document.

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/s/ Robert D. Tadlock
Robert D. Tadlock

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JOINT CASE STATUS REPORT AND STIPULATION TO STAY OF LITIGATION &
[PROPOSED] ORDER - CASE NO. CV 11-01803 EMC

US2008 3806769 1

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