Cisneros v. American General Financial Services, Inc. et al

Filing 92

ORDER re 90 Status Report filed by Lucresia Cisneros Motion for Preliminary Approval due by 5/22/2015. Motion Hearing set for 6/26/2015 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Status Conference set for 4/24/2015 is vacated. Signed by Judge Charles R. Breyer on 4/22/2015. (beS, COURT STAFF) (Filed on 4/23/2015)

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KEMNITZER, BARRON & KRIEG, LLP
BRYAN KEMNITZER (State Bar No. 066401)
WILLIAM M. KRIEG (State Bar No. 066485)
NANCY BARRON (State Bar No. 099278)
445 Bush St., 6th Floor
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff LUCRESIA CISNEROS
and Putative Class
STROOCK & STROOCK & LAVAN LLP
JULIA B. STRICKLAND (State Bar No. 083013)
SHANNON E. PONEK (State Bar No. 261135)
2029 Century Park East, Suite 1800
Los Angeles, CA 90067-3086
Telephone: [phone]
Facsimile: 310-556-5959
Email: [e-mail]
Attorneys for Defendant SPRINGLEAF FINANCIAL SERVICES, INC.
f/k/a AMERICAN GENERAL FINANCIAL
SERVICES, INC.
UNITED STATES DISTRICT COURT

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SAN FRANCISCO DIVISION

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NORTHERN DISTRICT OF CALIFORNIA

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LUCRESIA CISNEROS, individually, on
behalf of others similarly situated, and on
behalf of the general public,

)
)
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Plaintiffs,
)
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v.
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AMERICAN GENERAL FINANCIAL
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SERVICES, INC. dba AMERICAN
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GENERAL FINANCE, INC.; HISPANIC )
EDUCATIONAL, INC.; LOGIC’S
)
CONSULTING, INC.; and DOES 1
)
through 50, inclusive,
)
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Defendants.
)
)

Case No. 3:11-cv-02869-CRB
[Assigned to the Hon. Charles R. Breyer]
JOINT STATUS REPORT
Date:
April 24, 2015
Time:
10:00 a.m.
Courtroom: 6 – 17th Floor
Hon. Charles R. Breyer

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JOINT STATUS REPORT
CASE NO. 3:11-CV-02869-CRB
LA 51825587
LA 51863757

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I.

INTRODUCTION
Pursuant to the Clerk’s minute entry setting a continued status conference [Dkt. No. 86],

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plaintiff Lucresia Cisneros (“Plaintiff”) and defendant Springleaf Financial Services, Inc., formerly

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known as American General Financial Services, Inc. (“Springleaf” and together with Plaintiff, the

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“Parties”) submit this joint report in advance of the Status Conference set for April 24, 2015.

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Following the most recent settlement conference before Magistrate Judge Nathanael

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Cousins held on March 20, 2015, Judge Cousins circulated a mediator’s proposal for settlement to

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the Parties. The Parties accepted that proposal, with slight modifications, and have now come to an

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agreement in principle on all salient terms of a settlement with the exception of one dispute related

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to the issuance of Form 1099s. Concurrent with the Motion for Preliminary Approval, the Parties

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will be requesting that the Court make a ruling as to whether Springleaf is required to issue Form

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1099s to settlement class members.

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As part of the settlement, the Parties have agreed on a proposed schedule to bring this
matter to a close, which is as follows:

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Item
1.

Date

Deadline for Plaintiff to provide Springleaf with draft

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Settlement Agreement and Release (“SAR”) and exhibits

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April 3, 2015

thereto

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2.

Deadline for (i) Parties to have finalized and fully executed

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SAR; and (ii) Springleaf to provide Plaintiff with signed

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April 17, 2015

corporate declaration

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3.

Settlement Conference with Judge Cousins in San Jose; Parties May 7, 2015

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to remain at Settlement Conference until SAR is finalized and

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fully executed (if necessary)

at 2:00 p.m.

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-128

JOINT STATUS REPORT
CASE NO. 3:11-CV-02869-CRB
LA 51825587
LA 51863757

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Item

Date

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4.

Deadline for (i) Plaintiff to file Motion for Preliminary

May 22, 2015

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Approval; and (ii) Parties to jointly file request for order re
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1099 issue
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5.

Hearing on Motion for Preliminary Approval

June 26, 2015

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All other dates and deadlines to follow from Preliminary

TBD

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Approval

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Plaintiff has already circulated the draft SAR and exhibits thereto and is awaiting comments
from Springleaf.
Because the Parties have arrived at a settlement in principle, Plaintiff is not pursuing her
Motion for Class Certification [Dkt. No. 65] at this time.
The parties request that the Court adopt the briefing and hearing schedule set forth above.

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Dated: April 10, 2015

KEMNITZER, BARRON & KRIEG, LLP

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By: /s/ Bryan Kemnitzer
Bryan Kemnitzer
Attorneys for Plaintiff
LUCRESIA CISNEROS

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Dated: April 10, 2015

STROOCK & STROOCK & LAVAN LLP
By: /s/ Julia Strickland
Julia Strickland
Attorneys for Defendant
SPRINGLEAF FINANCIAL SERVICES,
INC. f/k/a AMERICAN GENERAL
FINANCIAL SERVICES, INC.

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ATTESTATION OF SIGNATURE
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I, Bryan Kemnitzer, am the ECF User whose ID and Password were used to electronically

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file this Statement. I hereby attest that all other signatories listed, and on whose behalf this filing is
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JOINT STATUS REPORT
CASE NO. 3:11-CV-02869-CRB
LA 51825587
LA 51863757

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submitted, concur in the content of this filing and have authorized the electronic filing thereof.

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/s/ Bryan Kemnitzer
BRYAN KEMNITZER

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The status conference currently set for April 24, 2015 at 10:00 am is hereby vacated.

Signed: April 22, 2015

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-328

JOINT STATUS REPORT
CASE NO. 3:11-CV-02869-CRB
LA 51825587
LA 51863757