Kramer v. Autobytel Inc et al

Filing 114

ORDER Granting 113 Stipulation Extending Deadlines Re Settlement Agreements And Motion For Preliminary Approval Of Class Action Settlement. Signed by Judge Claudia Wilken on 5/23/2011. (ndr, COURT STAFF) (Filed on 5/23/2011)

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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.

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REED SMITH LLP

UNITED STATES DISTRICT COURT

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A limited liability partnership formed in the State of Delaware

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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CHRISTOPHER KRAMER, individually
and on behalf of all others similarly
situated,
Plaintiff,

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v.

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AUTOBYTEL, INC., a Delaware
corporation; B2MOBILE, LLC, a
California limited liability company; and
LEADCLICK MEDIA, INC., a California
corporation,

Case No. C10-02722-CW
JOINT STIPULATION AND ORDER
EXTENDING DEADLINES RE
SETTLEMENT AGREEMENTS AND
MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT
Honorable Claudia Wilken, Ctrm. 2
Complaint Filed: November 17, 2009

Defendants.

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Case No: C10-02722-CW
US_ACTIVE-106280463
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES RE SETTLEMENT
AGREEMENTS AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

Plaintiff Christopher Kramer, (“Plaintiff” or “Kramer”) and Defendants

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B2Mobile, LLC (“B2M”) and LeadClick Media, Inc. (“LeadClick”) (collectively

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referred to as the “Parties”) enter into this joint stipulation with reference to the

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following facts:
RECITALS

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A.

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WHEREAS the Court’s Minute Order and Case Management Order

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entered on January 4, 2011, sets forth a number of dates and deadlines, including a

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deadline for completion of private mediation on March 31, 2011;
B.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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mediation conducted by Professor Eric D. Green of Resolutions, LLC;
C.

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WHEREAS on March 29, 2011, the Parties participated in a day-long

WHEREAS the Parties reached a proposed settlement during the

mediation with the assistance of Professor Green;
D.

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WHEREAS on April 5, 2011, the Court entered an Order vacating dates

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and deadlines in the Minute Order and Case Management Order entered on January 4,

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2011;

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E.

WHEREAS pursuant to the Court’s Order and as agreed by stipulation of

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the parties, the deadline to finalize settlement agreements is 45 days from the Court’s

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Order entered on April 5, 2011, which is May 20, 2011;

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F.

WHEREAS pursuant to the Court’s Order and as agreed by stipulation of

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the parties, the deadline to prepare and file a motion for preliminary approval of the

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class action settlement is 60 days from the Court’s Order entered on April 5, 2011,

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which is June 3, 2011;

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G.

WHEREAS the Parties have exchanged multiple drafts of the settlement

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agreement and related documents and are working diligently in finalizing their

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settlement agreement, but due to the complexity of the matter, the Parties are in need

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of additional time to time to finalize the settlement agreements;

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Case No: C10-02722-CW
-1US_ACTIVE-106280463
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES RE SETTLEMENT
AGREEMENTS AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

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H.

WHEREAS the Plaintiff needs additional time, after the settlement

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agreements have been signed, to prepare and file a motion for preliminary approval of

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the class action settlement; and

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I.

WHEREAS the Parties expect that the settlement agreements will be

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signed and the motion for preliminary approval of the class action settlement will be

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filed well in advance of the Case Management Conference scheduled by the Court on

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July 26, 2011, in the event that no motion for preliminary approval is filed by that

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date. The Parties do not anticipate that any further extensions will be required in order

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to finalize the class action settlement agreement.

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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STIPULATION

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NOW, THEREFORE, it is hereby stipulated by the parties, through their

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respective counsel of record, as follows:
1.

The deadline for the Parties to finalize settlement agreements is extended

from May 20, 2011 to June 20, 2011; and
2.

The deadline for the Plaintiff to prepare and file a motion for preliminary

approval of the class action settlement is extended from June 3, 2011 to July 8, 2011.

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IT IS SO STIPULATED.

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DATED: May 18, 2011.

EDELSON McGUIRE, LLC

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By

/ S / Ryan D. Andrews
Christopher Dore
Michael J. McMorrow
Ryan D. Andrews
Sean Reis
Attorneys for Plaintiff
Christopher Kramer

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Case No: C10-02722-CW
-2US_ACTIVE-106280463
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES RE SETTLEMENT
AGREEMENTS AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

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DATED: May 18, 2011.

SUMMIT LAW GROUP PLLC

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By

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DATED: May 18, 2011.

/ S / Philip S. McCune
Philip S. McCune
Molly A. Terwilliger
Attorneys for Defendant
B2Mobile, LLC

HANSON BRIDGETT LLP

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By

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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DATED: May 18, 2011.

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

REED SMITH LLP

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By

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/ S / Roxanne M. Wilson
Roxanne M. Wilson
Attorneys for Defendant
LeadClick Media, Inc.

ORDER
Based on the above Stipulation, IT IS SO ORDERED.

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DATED:

MAY 23

, 2011

The Honorable Claudia Wilken
United States District Court Judge

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Case No: C10-02722-CW
-3US_ACTIVE-106280463
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES RE SETTLEMENT
AGREEMENTS AND MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT