Robles v. Mercedes-Benz Financial Services USA LLC

Filing 30

ORDER granting 29 Request re: settlement filed by Mercedes-Benz Financial Services USA LLC. Signed by Magistrate Judge Jacqueline Scott Corley on 12/1/2015. (ahm, COURT STAFF) (Filed on 12/1/2015)

1 DONALD J. QUERIO (State Bar No. 54367)
[e-mail]
2 ERIK KEMP (State Bar No. 246196)
[e-mail]
3 SEVERSON & WERSON
A Professional Corporation
4 One Embarcadero Center, Suite 2600
San Francisco, California 94111
5 Telephone: [phone]
Facsimile: [phone]
6
Attorneys for Defendant
7 Mercedes-Benz Financial Services USA LLC
8 KEMNITZER, BARRON & KRIEG, LLP
BRYAN KEMNITZER (State Bar No. 66401)
9 445 Bush St., 6th Floor
San Francisco, California 94108
10 Telephone: [phone]
Facsimile: [phone]
11
Attorneys for Plaintiff ISABEL ROBLES
12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION

15
16 ISABEL ROBLES, individually and on behalf
of all others similarly situated,
17
Plaintiff,
18
vs.
19
MERCEDES-BENZ FINANCIAL SERVICES
20 USA LLC and DOES 1 through 50, inclusive,
21

Case No. 3:12-CV-00550-JSC
JOINT STATUS REPORT RE
SETTLEMENT
The Hon. Jacqueline S. Corley
Trial Date:

None Set

Defendants.

22
23
24

Plaintiff Isabel Robles and defendant Mercedes-Benz Financial Services USA LLC

25 (“MBFS”) submit this joint status report to advise the Court that they have reached a settlement of
26 the above-entitled action.
27

On October 1, 2015, this Court issued an order lifting the stay in this matter following the

28 California Supreme Court’s decision in Sanchez v. Valencia Holding Co., LLC, 61 Cal. 4th 899
14000.0011/5784322.1

3:12-CV-00550-JSC
Joint Status Report

1 (2015). See Dkt. no. 26. The parties had advised the Court that they were discussing a stipulation
2 to arbitrate as well as a potential settlement of the matter. See Dkt. no. 25. The Court thus ordered
3 MBFS to renew its motion to compel arbitration by October 30, 2015, or to notify the Court if the
4 parties agreed to an alternative resolution of the matter. See Dkt. no. 26. The parties then advised
5 the Court that they had reached a tentative agreement among counsel and requested a 30-day
6 continuance to finalize the settlement. See Dkt. no. 27. This Court granted the request and set
7 November 30, 2015 as the deadline for MBFS to renew its motion to compel arbitration. See Dk.t
8 no. 28.
9

The parties now report that they have reached a final settlement and have prepared a draft

10 settlement agreement and release. The draft settlement agreement is still being reviewed, but the
11 parties anticipate the agreement will be signed and a stipulation to dismiss filed within the next 45
12 days. As a result of the settlement, the parties request that the Court lift MBFS’s deadline to move
13 to compel arbitration pending the anticipated submission of the stipulation to dismiss the action.
14 DATED: November 30, 2015
15

SEVERSON & WERSON
A Professional Corporation

16
By:

17

/s/ Erik Kemp
Erik Kemp

18
Attorneys for Defendant Mercedes-Benz Financial
Services USA LLC

19
20
21 DATED: November 30, 2015

KEMNITZER, BARRON & KRIEG LLP

22
23

By:

/s/ Bryan Kemnitzer
Bryan Kemnitzer

24

Attorneys for Plaintiff Isabel Robles

25
26

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Judge Ja

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2

Corley

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14000.0011/5784322.1

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28

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Dated: 12/1/2015

27

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3:12-CV-00550-JSC
Joint Status Report