Ellsworth v. U.S. Bank, N.A.

Filing 247

ORDER: Re 246 Case Management Statement filed by U.S. Bank, N.A. A Joint Case Management Statement (with updated information only) due by 8/14/2014. Further Case Management Conference set for 8/21/2014 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Magistrate Judge Laurel Beeler on 7/11/2014. (ls, COURT STAFF) (Filed on 7/11/2014)

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Matthew C. Helland, CA State Bar No. 250451
[e-mail]
NICHOLS KASTER, LLP
One Embarcadero Center, Suite 720
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Rebekah L. Bailey, CA State Bar No. 258551
[e-mail]
E. Michelle Drake, MN Bar No. 0387366*
[e-mail]
Kai H. Richter, MN Bar No. 0296545*
[e-mail]
Megan D. Yelle, MN Bar No. 0390870*
[e-mail]
*(appearing pro hac vice)
NICHOLS KASTER, PLLP
4600 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and the Putative Classes
(Attorneys for Defendants listed on signature page)

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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Case No. CV 12-2506 LB
Stephen Ellsworth, Marilyn Weaver, and
Lawrence and Donene Skelley, as individuals
and as representatives of the classes and on
behalf of the general public,

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vs.
U.S. Bank, N.A. and
American Security Insurance Company,

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ORDER

Date: July 17, 2014
Time: 11:00 a.m.
Courtroom: C
Judge: Honorable Laurel Beeler

Plaintiffs,

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FIFTH UPDATED JOINT CASE
MANAGEMENT STATEMENT

Complaint filed: May 16, 2012

Defendants.

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FIFTH UPDATED JOINT CASE MANAGEMENT STATEMENT
CASE NO. 12-cv-2506-LB
4850-4281-7560False1False

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On July 2, 2014, the Court ordered that the Parties submit an updated Joint Case

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Management Statement and set a Case Management Conference for July 17, 2014. Pursuant to

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the Court’s Order, Plaintiffs Stephen Ellsworth, Marilyn Weaver, Donene Skelley, and Lawrence

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Skelley (“Plaintiffs”) and Defendants U.S. Bank, N.A. (“U.S. Bank”) and American Security

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Insurance Company (“ASIC”) (collectively, the “Parties”) have conferred and hereby submit this

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Fifth Updated Case Management Statement.

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I.

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Status of Class Action – Interlocutory Appeal and Class Notice
U.S. Bank filed a Rule 23(f) Petition for Permission to Appeal Class Action Certification

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before the Ninth Circuit on June 27, 2014. The Parties are in agreement that while this Rule 23(f)

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petition is pending, they will continue to prepare the class data necessary for class notice and draft

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the class notice papers. All Parties further agree that it would be premature, however, to send

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notice to the class members before the Rule 23(f) petition is resolved. The schedule for all other

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items will correspondingly depend upon when class notice is sent. The Parties agree that the

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current trial dates will need to be rescheduled, and request that they be taken off of the Court’s

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calendar.

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II.

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Status of Settlement
Pursuant to the Court’s prior instructions, the Parties have engaged in settlement

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discussions following the Court’s June 13, 2014 class certification order. The Parties will

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continue to engage in such discussions during the pendency of the Rule 23(f) petition. The

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parties currently are exploring a variety of alternative formats for settlement discussions, and

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accordingly request an extension of 60 days in which to schedule a further settlement conference.

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See Dkt. No. 102.

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III.

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Scheduling of Case Management Conference
As the Parties have agreed to the course of action set forth above, and because Mr.

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Richter, counsel for Plaintiffs, has a conflict on July 17, 2014, the Parties hereby stipulate and

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request that the Case Management Conference set for July 17, 2014 be vacated, and rescheduled

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for a date after August 17, 2014.

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FIFTH UPDATED JOINT CASE MANAGEMENT STATEMENT
CASE NO. 12-cv-2506-LB
4850-4281-7560False1False

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Dated: July 10, 2014

By: /s/Kai H. Richter
____
KAI H. RICHTER (pro hac vice)
NICHOLS KASTER, PLLP
4600 IDS Center, 80 S 8th St
Minneapolis, MN 55402
Attorney for Plaintiff

Dated:

By:/s/Vernle C. Durocher, Jr.
VERNLE C. DUROCHER, JR.
(pro hac vice)
DORSEY AND WHITNEY LLP
50 South Sixth Street, Suite 1500
Minneapolis, MN 55402
Attorney for U.S. Bank

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July 10, 2014

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Dated: July 10, 2014

By: /s/W. Glenn Merten
_____
W. GLENN MERTEN
CARLTON FIELDS JORDEN BURT,
P.A.
1025 Thomas Jefferson St, NW, Ste 400E
Washington, D.C. 20007
Attorney for ASIC

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Case Management Conference set for August 21, 2014 at 11:00 a.m. A Joint Case
Management Conference Statement (with updated information only) due August 14, 2014.
Dated: July 11, 2014

UNIT
ED

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Respectfully Submitted,

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D IS T IC T O
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FIFTH UPDATED JOINT CASE MANAGEMENT STATEMENT
CASE NO. 12-cv-2506-LB

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ECF ATTESTATION

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I, Timothy J. Droske., am the ECF User whose ID and password are being used to file the

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foregoing FIFTH UPDATED JOINT CASE MANAGEMENT STATEMENT. In compliance

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with Local Rule 5-1(i)(3), I hereby attest that Plaintiffs’ counsel Kai H. Richter and ASIC’s

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counsel W. Glenn Merten have concurred in this filing.

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Dated: July 10, 2014

By: /s/Timothy J. Droske
TIMOTHY J. DROSKE (pro hac vice)

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ECF ATTESTATION
CASE NO. 12-cv-2506-LB