Wright et al v. Adventures Rolling Cross Country, Inc. et al

Filing 140

STIPULATION AND ORDER re 139 STIPULATION WITH PROPOSED ORDER To Continue Deadline for Submission of Joint Supplemental Brief filed by Adventures Rolling Cross Country, Inc.. Signed by Judge Edward M. Chen on 7/29/13. (bpf, COURT STAFF) (Filed on 7/29/2013)

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Counsel listed on the following page.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT

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SAN FRANCISCO DIVISION

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PETER WRIGHT and MICHELLE
TRAME, individually, on behalf of all
others similarly situated, and on behalf of
the general public,

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Case No. 3:12-cv-00982-EMC
STIPULATION TO CONTINUE
DEADLINE FOR SUBMISSION OF JOINT
SUPPLEMENTAL BRIEF

Plaintiffs,
Judge:
Ctrm:

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vs.

Edward M. Chen
5, 17th Floor

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ADVENTURES ROLLING CROSS
COUNTRY, INC., dba ADVENTURES
CROSS COUNTRY (ARCC), a California
Corporation, SCOTT VON ESCHEN, and
DOES 1 through 50 inclusive,

Current Deadline: July 18, 2013
Proposed Deadline: July 25, 2013

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Defendants.
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STIP./PROPOSED ORDER TO CONT. DEADLINE FOR SUBMISSION OF JOINT SUPP. BRIEF
CASE NO. 3:12-CV-00982-EMC

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REED E. SCHAPER (SBN 082792)
HIRSCHFELD KRAEMER LLP
233 Wilshire Boulevard, Suite 600
Santa Monica, CA 90401
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
KRISTIN L. OLIVEIRA (SBN 204384)
HIRSCHFELD KRAEMER LLP
505 Montgomery Street, 13th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendants
ADVENTURES ROLLING CROSS COUNTRY, INC.,
dba ADVENTURES CROSS COUNTRY (ARCC) and
SCOTT VON ESCHEN

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BRYAN SCHWARTZ LAW
BRYAN SCHWARTZ (SBN 209903)
MICHAEL THOMAS (SBN 226129)
1330 Broadway, Suite 1630
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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RUDY, EXELROD, ZIEFF & LOWE, L.L.P.
DAVID A. LOWE (SBN 178811)
JOHN T. MULLAN (SBN 221149)
351 California Street, Suite 700
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiffs

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STIP./PROPOSED ORDER TO CONT. DEADLINE FOR SUBMISSION OF JOINT SUPP. BRIEF
CASE NO. 3:12-CV-00982-EMC

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TO THE COURT:
Plaintiffs PETER WRIGHT and MICHELLE TRAME (“Plaintiffs”) and Defendants

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ADVENTURES ROLLING CROSS COUNTRY, INC., and SCOTT VON ESCHEN

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(“Defendants”), by and through their respective counsel of record, herein agree and stipulate as

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follows:

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RECITALS
1.

The Court has previously ordered that the parties meet and confer and file a joint

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supplemental brief regarding the proposed class notice and consent form by July 15, 2013 and

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then July 26, 2013 (ECF Doc. 134);

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2.

The Court granted the parties an extension to July 19, 2013 and then subsequently

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to July 26, 2013 to file a joint supplemental brief and a proposed class notice because the parties

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advised the court that they were actively engaged in settlement discussions (See Court Orders at

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ECF 136, ECF 138);

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3.

The parties have remained thoroughly engaged in advanced and meaningful

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settlement discussions, which have continued with direct communication nearly daily and has

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included exchanges of proposed final deal term sheets as recently as July 18 and July 24, 2013;

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4.

The parties’ settlement negotiations have also involved third-party banks and

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bankruptcy counsel, and as such are more complex and lengthier than merely bilateral talks. A

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draft Memorandum of Understanding is being prepared, and a conference call is set for Monday,

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July 29, to continue, and hopefully complete, the negotiations;

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5.

Once the parties conclude these discussions, the contents of the proposed notice to

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class members will be able to be completed, and if an agreement is reached, the joint or

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unopposed Motion for Preliminary Approval will be scheduled for hearing as soon as possible,

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hopefully with less than the 35 days’ time needed to notice a contested motion;

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6.

In view of these continued settlement developments, the parties respectfully

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request a brief additional extension of time to meet and confer regarding contents of the proposed

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class notice and consent form and to file a joint supplemental brief, if the matter does not resolve,

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or to notify the Court of a settlement and seek approval, if it does.
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STIP./PROPOSED ORDER TO CONT. DEADLINE FOR SUBMISSION OF JOINT SUPP. BRIEF
CASE NO. 3:12-CV-00982-EMC

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STIPULATION
NOW, THEREFORE, based upon the foregoing statements, Plaintiffs and Defendants

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hereby agree and stipulate as follows, subject to Court approval, that the deadline to file a joint

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supplemental brief regarding the proposed class notice and consent form, if the matter does not

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settle, be continued to August 5, 2013. If the matter does settle, the parties will notify the Court

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of a settlement by that date, finalize settlement documents amongst themselves, and file a

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preliminary approval motion not later than August 16, 2013.

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IT IS SO STIPULATED:

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Dated: July 26, 2013

HIRSCHFELD KRAEMER LLP

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By: /s/ Kristin L. Oliveira
Reed E. Schaper
Kristin L. Oliveira
Attorneys for Defendants
ADVENTURES ROLLING CROSS
COUNTRY, INC., dba ADVENTURES
CROSS COUNTRY (ARCC) and SCOTT
VON ESCHEN

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Dated: July 26, 2013

BRYAN SCHWARTZ LAW
RUDY EXELROD ZIEFF & LOWE, LLP

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By: /s/ Bryan J. Schwartz
Bryan J. Schwartz
Attorneys for Plaintiffs
PETER WRIGHT and MICHELLE TRAME

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STIP./PROPOSED ORDER TO CONT. DEADLINE FOR SUBMISSION OF JOINT SUPP. BRIEF
CASE NO. 3:12-CV-00982-EMC

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to August 5, 2013, if the matter does not settle, and if the matter does settle, that the parties will
notify the Court of a settlement by that date and file a preliminary approval motion not later than
August 16, 2013.

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RED
DEEdward M. Chen

S

O OR
IT IS S

Judge of the United States District Court

dward
Judge E

ER

n

M. Che

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By:

NO

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Dated: July ____, 2013

UNIT
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S DISTRICT
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file a joint supplemental brief regarding the proposed class notice and consent form be extended

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Pursuant to the parties’ Joint Stipulation, it is so ordered that the deadline for the Parties to

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[PROPOSED] ORDER

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D IS T IC T
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OF

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STIP./PROPOSED ORDER TO CONT. DEADLINE FOR SUBMISSION OF JOINT SUPP. BRIEF
CASE NO. 3:12-CV-00982-EMC