4EC Holdings, LLC v. Linebarger Goggan Blair & Sampson, LLP

Filing 64

Order by Hon. Vince Chhabria granting 63 Stipulation Concerning Scheduling of Settlement Proceedings.(knm, COURT STAFF) (Filed on 3/9/2015)

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Michael L. Charlson (SBN 122125)
[e-mail]
Jessica Mussallem (SBN 237806)
[e-mail]
VINSON & ELKINS LLP
525 Market Street, Suite 2750
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
LINEBARGER GOGGAN BLAIR & SAMPSON LLP,
a Texas limited liability partnership
[Names and Addresses of Additional
Counsel Listed on Signature Pages]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO

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4EC HOLDINGS, LLC, a Delaware limited liability
company,

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Plaintiff,
vs.
LINEBARGER GOGGAN BLAIR & SAMPSON
LLP, a Texas limited liability partnership,

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Defendant.

Case No. 3:14-cv-01944 VC
(Class Action)
FURTHER STIPULATION
CONCERNING SCHEDULING OF
SETTLEMENT PROCEEDINGS
Courtroom of the Honorable
Vince Chhabria, Courtroom 4

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The parties, by and through their respective counsel of record and subject to the Court’s
approval, stipulate as follows:

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RECITALS
WHEREAS, on December 30, 2014, the parties have entered into a Stipulation of Settlement
(the “Stipulation”) to resolve this matter, subject to Court approval;
WHEREAS, on January 22, 2015, the Court held a hearing (the “January 22 Hearing”) on
whether it should grant preliminary approval to the settlement set forth the Stipulation;
WHEREAS, the Court raised certain questions during the January 22 Hearing and by orders
entered January 23 and 27, 2015, the Court posed certain questions to the parties, asking that the
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CASE NO.: 3:14-CV-01944 VC

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parties respond to them in a supplemental brief concerning preliminary settlement approval to be

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filed on or before February 20, 2015;

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WHEREAS, the parties have been discussing the possibility of certain modifications to the
Stipulation intended to respond to issues raised by the Court at the January 22 Hearing;
WHEREAS, the parties believe that the Court’s consideration of the proposed settlement

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would be enhanced if the parties first reach final positions on, and to the extent applicable document,

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potential modifications to the Stipulation, and if those issues were incorporated into the

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supplemental brief that the Court has requested;

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WHEREAS, at the parties’ request, the Court continued the deadline for filing a
supplemental brief concerning preliminary settlement approval to March 6, 2015;
WHEREAS, the Court held a telephone status conference with the parties on March 3, 2015,
at which time the parties reported on the progress of their discussions;
WHEREAS, the Court requested that the parties memorialize in a further stipulation certain
scheduling matters discussed at the status conference;
THEREFORE, subject to the Court’s approval, the parties agree as follows:

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STIPULATION
a. Should the parties jointly agree to modify the settlement reflected in the Stipulation, then
on or before March 24, 2015,

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i. the parties shall file an amendment to the Stipulation; and

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ii. Plaintiff shall file a new motion for preliminary approval, noticed for hearing at a

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mutually convenient time consistent with the Local Rules of this Court.

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In the event of a joint modification to the Stipulation, the parties need not submit the supplemental

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briefing contemplated by the Court’s Orders of January 23 and 27, 2015.

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b. Should the parties not jointly agree to modify the settlement reflected in the Stipulation,
then on or before March 24, 2015,
i. The parties shall file the supplemental briefing contemplated by the Court’s Orders
of January 23 and 27, 2015;

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ii. Either party may file a separate statement in support of preliminary approval of the

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Stipulation, should there be additional points that it wishes to bring to the Court’s attention;

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and

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iii. Plaintiff shall renotice for hearing its motion for preliminary approval of the

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Stipulation, suggesting mutually convenient dates for a further hearing, subject to the Court’s

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calendar.

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SO STIPULATED.

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JONATHAN R. BASS (SBN 075779)
[e-mail]
COBLENTZ PATCH DUFFY & BASS LLP
One Ferry Building, Suite 200
San Francisco, California 94111
Telephone: [phone]

DATED: March 6, 2015

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By ___/s/ Jonathan R. Bass________
Jonathan R. Bass

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WILLIAM McGRANE (SBN 057761)
[e-mail]
McGRANE LLP
Four Embarcadero Center, Suite 1400
San Francisco, California 94111
Telephone: [phone]

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MATTHEW J. SHIER (SBN 072638)
[e-mail]
shierkatz RLLP
930 Montgomery Street, 6th Floor
San Francisco, California 94133
Telephone: [phone]

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Attorneys for Plaintiff
4EC HOLDINGS, LLC

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VINSON & ELKINS LLP

DATED: March 6, 2015

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By___/s/ Michael L. Charlson________
Michael L. Charlson

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Attorneys for Defendant
LINEBARGER GOGGAN BLAIR
& SAMPSON LLP

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PROPOSED ORDER
Pursuant to the Stipulation of the parties and upon good cause showing, IT IS SO
ORDERED.

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March 9, 2015
DATED: __________________

________________________________
Honorable Vince Chhabria
United States District Judge

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