Kramer v. Autobytel Inc et al

Filing 112

ORDER 111 Stipulation To Vacate Dates On Case Management Order. Case Management Statement due by 7/19/2011. Case Management Conference set for 7/26/2011 02:00 PM. Signed by Judge Claudia Wilken on 4/5/2011. (ndr, COURT STAFF) (Filed on 4/5/2011)

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

John P. Zaimes (SBN 91933) [e-mail] Roxanne M. Wilson (SBN 94627) [e-mail] Jennifer L. Nelson (SBN 228996) [e-mail] REED SMITH LLP 355 South Grand Avenue, Suite 2900 Los Angeles, CA 90071-1514 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant LeadClick Media, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION CHRISTOPHER KRAMER, individually and on behalf of all others similarly situated, Plaintiff, v. AUTOBYTEL, INC., a Delaware corporation; B2MOBILE, LLC, a California limited liability company; and LEADCLICK MEDIA, INC., a California corporation, Defendants. Case No. C10-02722-CW NOTICE OF PENDING CLASS ACTION SETTLEMENT AND JOINT STIPULATION AND ORDER TO VACATE DATES ON CASE MANAGEMENT ORDER Honorable Claudia Wilken, Ctrm. 2 Complaint Filed: November 17, 2009

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// /// /// /// ///

REED SMITH LLP

Case No: C10-02722-CW US_ACTIVE-105893594 NOTICE OF PENDING CLASS ACTION SETTLEMENT AND JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE DATES ON CASE MANAGEMENT ORDER

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

Plaintiff Christopher Kramer, ("Plaintiff" or "Kramer") and Defendants B2Mobile, LLC ("B2M") and LeadClick Media, Inc. ("LeadClick") (collectively referred to as the "Parties") enter into this joint stipulation with reference to the following facts: RECITALS A. WHEREAS the Court's Minute Order and Case Management Order

entered on January 4, 2011, sets forth a number of dates and deadlines, including a deadline for completion of private mediation on March 31, 2011; B. WHEREAS on March 29, 2011, the Parties participated in a day-long

mediation conducted by Professor Eric D. Green of Resolutions, LLC; C. WHEREAS the Parties reached a proposed settlement during the

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

mediation with the assistance of Professor Green; D. agreements; E. WHEREAS the Plaintiff needs sufficient time to prepare and file a WHEREAS the Parties need sufficient time to finalize settlement

REED SMITH LLP

motion for preliminary approval of the class action settlement; and F. WHEREAS the Parties would like the remaining dates in the Court's

January 4, 2011, Court's Minute Order and Case Management Order vacated in order to have sufficient time to finalize the settlement documents and for Plaintiff to seek the Court's preliminary approval of the class action settlement.

STIPULATION NOW, THEREFORE, it is hereby stipulated by the parties, through their respective counsel of record, as follows: 1. 2. The Parties will finalize settlement agreements within 45 days; The Plaintiff will prepare and file a motion for preliminary approval of

the class action settlement within 60 days;
Case No: C10-02722-CW -1US_ACTIVE-105893594 NOTICE OF PENDING CLASS ACTION SETTLEMENT AND JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE DATES ON CASE MANAGEMENT ORDER

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

3.

The Parties request that the Court vacate the remaining dates and

deadlines in the Minute Order and Case Management Order entered on January 4, 2011; and 4. If for any reason the Court does not approve the class action settlement,

any party may request that the Court reset the remaining dates and deadlines in the Minute Order and Case Management Order entered on January 4, 2011.

IT IS SO STIPULATED.

DATED: March 31, 2011.

EDELSON McGUIRE, LLC By / S / Ryan D. Andrews Christopher Dore Michael J. McMorrow Ryan D. Andrews Sean Reis Attorneys for Plaintiff Christopher Kramer

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case No: C10-02722-CW -2US_ACTIVE-105893594 NOTICE OF PENDING CLASS ACTION SETTLEMENT AND JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE DATES ON CASE MANAGEMENT ORDER

REED SMITH LLP

DATED: March 31, 2011.

SUMMIT LAW GROUP PLLC By / S / Philip S. McCune Philip S. McCune Molly A. Terwilliger Attorneys for Defendant B2Mobile, LLC

DATED: March 31, 2011.

HANSON BRIDGETT LLP By / S / Arman Javid Arman Javid Raymond F. Lynch Megan Oliver Thompson Attorneys for Defendant B2Mobile, LLC

1 2 3 4 5 6 7 8 9 10
A limited liability partnership formed in the State of Delaware

DATED: March 31, 2011.

REED SMITH LLP By / S / Roxanne M. Wilson Roxanne M. Wilson Attorneys for Defendant LeadClick Media, Inc.

ORDER Based on the above Stipulation, IT IS SO ORDERED. A case management
conference will be held on July 26 at 2:00 pm if no motion for preliminary approval has been filed.

DATED: April 5, 2011

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The Honorable Claudia Wilken United States District Court Judge

REED SMITH LLP

Case No: C10-02722-CW -3US_ACTIVE-105893594 NOTICE OF PENDING CLASS ACTION SETTLEMENT AND JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE DATES ON CASE MANAGEMENT ORDER