Zou et al v. Wyndham Vacation Ownership, Inc.

Filing 16

STIPULATION AND ORDER re 15 STIPULATION WITH PROPOSED ORDER to Vacate Entry of Default filed by Wyndham Vacation Ownership, Inc. Signed by Judge Jon S. Tigar on July 16, 2015. (wsn, COURT STAFF) (Filed on 7/16/2015)

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JOHN F. BAUM (SBN 148366)
[e-mail]
AMY A. DURGAN (SBN 245325)
[e-mail]
JACOB R. SWISS (SBN 282738)
[e-mail]
HIRSCHFELD KRAEMER LLP
505 Montgomery Street, 13th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Wyndham Vacation Ownership, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO

ATTORNEYS AT LAW

H IRSCHFELD K RAEMER LLP

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Kai Zou and Brookelyn Thibodeaux,
Plaintiff,

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STIPULATION TO VACATE ENTRY OF
DEFAULT AND [PROPOSED] ORDER

vs.

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Case No.: 3:15-cv-02587-JST

Wyndham Vacation Ownership, Inc. and
DOES 1 to 20,

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Defendant.
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Plaintiffs Kai Zou and Brookelyn Thibodeaux (“Plaintiffs”) and Defendant Wyndham

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Vacation Ownership, Inc. (“Defendant”), by and through their attorneys of record, agree as

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follows:
WHEREAS Plaintiffs filed a Complaint in U.S. District Court Northern District of

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California against Defendant on June 10, 2015;
WHEREAS Plaintiffs served Defendant on June 12, 2015 at Defendant’s Napa, California

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site;
WHEREAS due to an administrative error, the served Complaint was not forwarded to

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Defendant’s corporate offices and Defendant’s in-house counsel did not receive the served

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documents;
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STIPULATION TO VACATE ENTRY OF DEFAULT AND [PROPOSED] ORDER
CASE NO.: 3:15-CV-02587-JST

4814-8630-3525

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WHEREAS Defendant did not respond to the Complaint and Default was entered by the
Clerk on July 10, 2015;

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IT IS THEREFORE STIPULATED that:

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1.

The Default entered against Defendant on July 10, 2015, be vacated, and

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2.

Defendant will file an Answer to the Complaint within three business days of

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vacating entry of default.
3.

The date set by this Court for the Case Management Conference is not impacted

by this Stipulation.

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Dated: July 15, 2015

LAW OFFICES OF JOSEPH L. ALIOTO
AND ANGELA ALIOTO

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SAN FRANCISCO

ATTORNEYS AT LAW

H IRSCHFELD K RAEMER LLP

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By: /s/ Matthew J. Wayne
Angela Alioto
Matthew J. Wayne
Attorneys for Plaintiffs
Kai Zou and Brookelyn Thibodeaux

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Dated: July 15, 2015

HIRSCHFELD KRAEMER LLP

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By: /s/ John F. Baum
John F. Baum
Amy A. Durgan
Jacob R. Swiss
Attorneys for Defendant
Wyndham Vacation Ownership, Inc.

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STIPULATION TO VACATE ENTRY OF DEFAULT AND [PROPOSED] ORDER
CASE NO.: 3:15-CV-02587-JST

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ORDER

S DISTRICT

Good cause appearing and pursuant to the parties’ ATE
Stipulation:

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IT IS HEREBY ORDERED that the Clerk’s entry of Default against Defendant Wyndham

UNIT
ED

O OR
IT IS S

NO

J u d ge J o

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Dated: July _____, 2015

DERED

Vacation Ownership, Inc. on July 10, 2015 is hereby vacated.

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H

ER

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F
D IS T IC T O
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SAN FRANCISCO

ATTORNEYS AT LAW

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H IRSCHFELD K RAEMER LLP

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______________________________________
Honorable Jon S. Tigar
United States District Court .Judge r
S Ti ga

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STIPULATION TO VACATE ENTRY OF DEFAULT AND [PROPOSED] ORDER
CASE NO.: 3:15-CV-02587-JST

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