Pattelli et al v. LendingClub Corporation

Filing 24

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE PENDING SETTLEMENT The Case Management Conference scheduled in this action for March 27, 2015 is hereby rescheduled for May 8, 2015. Signed by Judge Maxine M. Chesney on March 23, 2015. (mmclc2, COURT STAFF) (Filed on 3/23/2015)

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Case3:14-cv-05362-MMC Document22 Filed03/19/15 Page1 of 3 1 2 3 4 5 6 KEVIN P. MUCK (CSB No. 120918) kmuck@fenwick.com MATTHEW MEYERHOFER (CSB No. 268559) mmeyerhofer@fenwick.com FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: 415.875.2300 Facsimile: 415.281.1350 Attorneys for Defendant LENDINGCLUB CORPORATION 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO 12 ATTORNEYS AT LAW F ENWICK & W EST LLP 11 BRADLEY PATTELLI, RUSSELL M. JOYCE and JAMES B. GAMACHE, 13 Plaintiffs, 14 15 v. Case No.: 3:14-cv-05362-MMC STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE PENDING SETTLEMENT LENDINGCLUB CORPORATION, a Delaware corporation, 16 Defendant. 17 18 19 20 21 WHEREAS, a Case Management Conference in this matter is set for March 27, 2015 at 10:30 a.m. [Docket No. 20]; WHEREAS, Plaintiffs and Defendant have agreed in principle to a settlement, subject to 22 negotiation and execution of a definitive written settlement agreement, that will result in the 23 dismissal of this action; 24 25 26 27 WHEREAS, finalization of that settlement will render further proceedings in this action, including any Case Management Conference, unnecessary; WHEREAS, Plaintiffs and Defendant are currently in the process of negotiating and drafting a formal settlement agreement that will memorialize the terms of the parties’ settlement 28 STIPULATION AND PROPOSED ORDER CONTINUING CMC Case No.: 3:14-cv-05362-MMC Case3:14-cv-05362-MMC Document22 Filed03/19/15 Page2 of 3 1 but, due to scheduling and logistical issues, anticipate that an agreement may not be executed by 2 March 27, 2015 (the date presently set for the Case Management Conference); and 3 WHEREAS, in the interests of judicial efficiency and economy, and to avoid potentially 4 unnecessary proceedings, Plaintiffs and Defendant agree that it would be appropriate to continue 5 the Case Management Conference to give the parties time to finalize their settlement. 6 7 IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the parties, that: 8 1. The Case Management Conference presently scheduled for March 27, 2015, shall, 9 subject to the approval of the Court, be rescheduled for May 1, 2015 at 10:30 a.m.; 10 SAN FRANCISCO 12 ATTORNEYS AT LAW F ENWICK & W EST LLP 11 13 and 2. In the meantime, the parties will continue to work on finalizing their settlement agreement and, upon completion of that process, will promptly notify the Court. Dated: March 19, 2015 FENWICK & WEST LLP 14 15 By: /s/ Matthew Meyerhofer Matthew Meyerhofer Attorneys for Defendants LENDINGCLUB CORPORATION 16 17 18 Dated: March 19, 2015 HOBART LINZER LLP 19 20 By: /s/ C. Dana Hobart C. Dana Hobart Attorneys for Plaintiffs BRADLEY PATTELLI, RUSSELL M. JOYCE and JAMES B. GAMACHE 21 22 23 24 Pursuant to Pursuant to Civil Local Rule 5-1(i)(3), all signatories concur in filing this stipulation. 25 26 Dated: March 19, 2015 By: /s/ Matthew Meyerhofer Matthew Meyerhofer 27 28 STIPULATION AND PROPOSED ORDER CONTINUING CMC CASE NO.: 3:14-CV-05362-MMC 2 Case3:14-cv-05362-MMC Document22 Filed03/19/15 Page3 of 3 1 [PROPOSED] ORDER 2 3 Pursuant to the foregoing stipulation, the Case Management Conference scheduled in this May 8, action for March 27, 2015, is hereby rescheduled for^May 1, 2015 at 10:30 a.m. in Courtroom 7, 4 located 450 Golden Gate Avenue, 19th Floor, San Francisco, California. The parties’ Joint Case 5 Management Statement shall be filed seven days before the Case Management Conference. 6 7 8 Upon finalization of any settlement agreement, the parties shall promptly notify the Court so that the Case Management Conference may be taken off calendar. SO ORDERED. 9 10 March 23, 2015 Dated: _______________________ The Honorable Maxine M. Chesney United States District Judge SAN FRANCISCO 12 ATTORNEYS AT LAW F ENWICK & W EST LLP 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND PROPOSED ORDER CONTINUING CMC CASE NO.: 3:14-CV-05362-MMC 3

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