Jekowsky v. BMW of North America, LLC

Filing 64

Order by Hon. Vince Chhabria granting 63 Stipulation Continuing Date to File Motion for Preliminary Approval.(knm, COURT STAFF) (Filed on 1/30/2015)

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CHAVEZ & GERTLER LLP
MARK A. CHAVEZ
Bar No. 090858
42 Miller Avenue
Mill Valley, CA 94941
Telephone: [phone]
Facsimile: [phone]
[e-mail]
KEMNITZER, BARRON, & KRIEG, LLP
BRYAN KEMNITZER
Bar No. 066401
NANCY BARRON
Bar No. 099278
ELLIOT CONN
Bar No. 279920
445 Bush St., 6th Floor
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff Barry Jekowsky and the potential class
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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BARRY JEKOWSKY, individually and on
behalf of all others similarly situated,

CLASS ACTION

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Case No. 3:13-cv-02158-VC

Plaintiff.
STIPULATION AND [PROPOSED]
ORDER CONTINUING DATE TO FILE
MOTION FOR PRELIMINARY
APPROVAL

vs.
BMW OF NORTH AMERICA, LLC

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Defendant.
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___________________________________/
Pursuant to the following stipulation Plaintiff Barry Jekowsky and Defendant BMW of

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North America, LLC, by and through their respective undersigned counsel of record, hereby

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request that the Court grant a two-week continuance of Plaintiff’s deadline to file his Preliminary

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Stipulation and [Proposed] Order Continuing Date to File Motion for Preliminary Approval

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Approval of Class Settlement Motion. Pursuant to the Court’s November 18, 2014 Order,

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Plaintiff was to file the Preliminary Approval of Class Settlement Motion by January 30, 2015.
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STIPULATION
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Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Barry Jekowsky and Defendant
BMW of North America, LLC, stipulate and request as follows:
WHEREAS, on November 18, 2015 the parties appeared at a telephonic Case

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Management Conference and informed the Court that the case had settled after a full day

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mediation on October 20, 2014 with the Honorable Edward Infante at JAMS;

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WHEREAS, pursuant to the Court’s November 18, 2014 Order Plaintiff was to file the
Motion for Preliminary Approval of Class Settlement by January 30, 2015 and the hearing on the
Motion for Preliminary Approval of Class Settlement was scheduled for March 12, 2015;
WHEREAS, since the hearing on November 18, 2014, the parties have exchanged five

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(5) drafts of the Settlement Agreement and Release along with exhibits which include the
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proposed class notice and proposed claim form;
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WHEREAS, the parties are in the process of finalizing the Settlement Agreement and
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Release and exhibits and a result of this process, have identified certain terms in their proposed
agreement that require further clarification and as a result, the parties do not currently have a
Settlement Agreement and Release ready for signature;
WHEREAS, the parties believe they will have a Settlement Agreement and Release ready
for signature by February 6, 2015;
WHEREAS, Plaintiff will be ready to file his Motion for Preliminary Approval of Class
Settlement on or before February 13, 2015;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED that the

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Court continue the January 30, 2015 date for filing of the Motion for Preliminary Approval of

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Class Settlement up to and including February 13, 2015. Because there will be no opposition to

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Stipulation and [Proposed] Order Continuing Date to File Motion for Preliminary Approval

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the Preliminary Approval of Class Settlement Motion, the parties request that the Court retain the

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March 12, 2015 hearing date for Preliminary Approval of Class Settlement Motion.
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E-FILING ATTESTATION
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By his signature below, counsel for Plaintiff Jekowsky attests that counsel for all parties
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whose electronic signatures appear below have concurred in the filing of this Stipulation.
Dated: January 29, 2015

KEMNITZER, BARRON & KRIEG, LLP

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By:

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Dated: January 29, 2015

/s/ Bryan Kemnitzer
BRYAN KEMNITZER
Attorneys for Plaintiff Barry Jekowsky, and the
putative class
LEWIS BRISBOIS BISGAARD & SMITH LLP

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By:

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/s/ Eric Y. Kizirian
Eric Y. Kizirian
Attorney for Defendant BMW of North America,
LLC

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ORDER

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED.
January 30,
Dated: _________ 2015

________________________________
Honorable Vince Chhabria

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Stipulation and [Proposed] Order Continuing Date to File Motion for Preliminary Approval