Morrison et al v. Credit Acceptance Corporation

Filing 17

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE re 16 Stipulation filed by Credit Acceptance Corporation. Joint Case Management Statement due by 9/23/2010. Case Management Conference set for 9/30/2010 02:00 PM. Signed by Judge Phyllis J. Hamilton on 7/30/10. (nah, COURT STAFF) (Filed on 7/30/2010)

Morrison et al v. Credit Acceptance Corporation

Doc. 17

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MARK D. LONERGAN (State Bar No. 143622) REGINA J. McCLENDON (State Bar No. 184669) [e-mail] ERIK KEMP (State Bar No. 246196) [e-mail] SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant CREDIT ACCEPTANCE CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

12 ANDRE MORRISON, ERLINDA DEL ROSARIO, MARIE DEL ROSARIO, 13 individually, and on behalf of all others similarly situated, 14 Plaintiffs, 15 vs. 16 CREDIT ACCEPTANCE CORPORATION; and 17 DOES 1 through 50, 18 19 20 21 22 23 24 25 26 27 28
10858/0004/811522.1

Case No.: CV 10-00549 PJH STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

Complaint Filed: December 8, 2009

Defendants.

WHEREAS, plaintiffs Andre Morrison, Erlinda Del Rosario, and Marie Del Rosario and defendant Credit Acceptance Corporation have reached a settlement of the above-entitled matter; WHEREAS, the drafting of the settlement agreement has been completed and the parties are only awaiting the signatures of plaintiffs and their counsel; WHEREAS, after the agreement is signed, plaintiffs expect to file a motion for preliminary approval that will seek certification of a class for settlement purposes; WHEREAS, a case management conference is set before this Court on August 5, 2010 at 2:00 p.m.;

Stipulation to Continue Case Management Conference Case No.: CV 10-00549 PJH

Dockets.Justia.com

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WHEREAS, the parties wish to continue the conference to avoid the expense of preparing for attending the conference, and to save the Court the time and expense of holding a case management conference in a matter where a settlement of plaintiffs' individual and class claims has been reached; WHEREAS, Local Rule 16-2(e) contemplates that the date of a case management conference may be continued by a stipulation approved by the Court; IT IS HEREBY STIPULATED, by and between Plaintiffs, on the one hand, and Credit Acceptance, on the other, by and through their counsel of record, subject to Court approval, that the case management conference of August 5, 2010 be vacated and continued for 60 days or to a date thereafter that is convenient for the Court. It is further stipulated that the deadline to comply with the Local Rules Regarding ADR Certification (Civil L.R. 16-8(b), ADR L. R. 3-5(b), Civil L.R. 16-8(c), ADR L. R. 3-5(c), (d)) are continued to correspond with the new case management date. IT IS SO STIPULATED. DATED: July 27, 2010 SEVERSON & WERSON A Professional Corporation By: /s/ Regina J. McClendon Regina J. McClendon

Attestation Pursuant to General Order 45 I attest that concurrence in the filing of this document has been obtained from each signatory. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed July 28, 2010, at San Francisco, California. /s/ Regina J. McClendon Regina J. McClendon

Attorneys for Defendant CREDIT ACCEPTANCE CORPORATION

DATED: July 27, 2010

KEMNITZER, BARRON & KRIEG LLP By: /s/ Bryan Kemnitzer___________ Bryan Kemnitzer

Attorneys for Plaintiffs ANDRE MORRISON, ERLINDA DEL ROSARIO, and MARIE DEL ROSARIO
-210858/0004/811522.1

Stipulation to Continue Case Management Conference Case No.: CV 10-00549 PJH

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ORDER Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that the case management September 30, 2010 conference set for August 5, 2010, at 2:00 p.m. is continued until __________________________. IT IS FURTHER ORDERED that the parties' deadline to file an ADR Certification and either a Stipulation and Order selecting an ADR process or a Notice of Need for ADR Phone Conference is continued until _________________________________. IT IS SO ORDERED 7/30/10
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-310858/0004/811522.1

Stipulation to Continue Case Management Conference Case No.: CV 10-00549 PJH

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Hon. SO ORDERJ. Hamilton Phyllis ED UnitedIT IS States District Court Judge
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