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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1 2 3 4 5 6 7 John P. Zaimes (SBN 91933) jzaimes@reedsmith.com Roxanne M. Wilson (SBN 94627) rwilson@reedsmith.com Jennifer L. Nelson (SBN 228996) jlnelson@reedsmith.com REED SMITH LLP 355 South Grand Avenue, Suite 2900 Los Angeles, CA 90071-1514 Telephone: +1 213 457 8000 Facsimile: +1 213 457 8080 Attorneys for Defendant LeadClick Media, Inc. 8 REED SMITH LLP UNITED STATES DISTRICT COURT 10 A limited liability partnership formed in the State of Delaware 9 NORTHERN DISTRICT OF CALIFORNIA 11 OAKLAND DIVISION 12 13 14 CHRISTOPHER KRAMER, individually and on behalf of all others similarly situated, Plaintiff, 15 v. 16 17 18 19 20 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. 21 22 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 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 1 2 B2Mobile, LLC (“B2M”) and LeadClick Media, Inc. (“LeadClick”) (collectively 3 referred to as the “Parties”) enter into this joint stipulation with reference to the 4 following facts: RECITALS 5 A. 6 WHEREAS the Court’s Minute Order and Case Management Order 7 entered on January 4, 2011, sets forth a number of dates and deadlines, including a 8 deadline for completion of private mediation on March 31, 2011; B. 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 mediation conducted by Professor Eric D. Green of Resolutions, LLC; C. 11 12 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. 13 WHEREAS on April 5, 2011, the Court entered an Order vacating dates 14 and deadlines in the Minute Order and Case Management Order entered on January 4, 15 2011; 16 E. WHEREAS pursuant to the Court’s Order and as agreed by stipulation of 17 the parties, the deadline to finalize settlement agreements is 45 days from the Court’s 18 Order entered on April 5, 2011, which is May 20, 2011; 19 F. WHEREAS pursuant to the Court’s Order and as agreed by stipulation of 20 the parties, the deadline to prepare and file a motion for preliminary approval of the 21 class action settlement is 60 days from the Court’s Order entered on April 5, 2011, 22 which is June 3, 2011; 23 G. WHEREAS the Parties have exchanged multiple drafts of the settlement 24 agreement and related documents and are working diligently in finalizing their 25 settlement agreement, but due to the complexity of the matter, the Parties are in need 26 of additional time to time to finalize the settlement agreements; 27 28 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 1 H. WHEREAS the Plaintiff needs additional time, after the settlement 2 agreements have been signed, to prepare and file a motion for preliminary approval of 3 the class action settlement; and 4 I. WHEREAS the Parties expect that the settlement agreements will be 5 signed and the motion for preliminary approval of the class action settlement will be 6 filed well in advance of the Case Management Conference scheduled by the Court on 7 July 26, 2011, in the event that no motion for preliminary approval is filed by that 8 date. The Parties do not anticipate that any further extensions will be required in order 9 to finalize the class action settlement agreement. REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 STIPULATION 11 NOW, THEREFORE, it is hereby stipulated by the parties, through their 12 13 14 15 16 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. 17 18 IT IS SO STIPULATED. 19 20 DATED: May 18, 2011. EDELSON McGUIRE, LLC 21 22 23 24 25 By / S / Ryan D. Andrews Christopher Dore Michael J. McMorrow Ryan D. Andrews Sean Reis Attorneys for Plaintiff Christopher Kramer 26 27 28 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 1 DATED: May 18, 2011. SUMMIT LAW GROUP PLLC 2 By 3 4 5 6 DATED: May 18, 2011. / S / Philip S. McCune Philip S. McCune Molly A. Terwilliger Attorneys for Defendant B2Mobile, LLC HANSON BRIDGETT LLP 7 8 By 9 REED SMITH LLP A limited liability partnership formed in the State of Delaware 10 11 12 DATED: May 18, 2011. / S / Arman Javid Arman Javid Raymond F. Lynch Megan Oliver Thompson Attorneys for Defendant B2Mobile, LLC REED SMITH LLP 13 14 By 15 16 17 18 / S / Roxanne M. Wilson Roxanne M. Wilson Attorneys for Defendant LeadClick Media, Inc. ORDER Based on the above Stipulation, IT IS SO ORDERED. 19 20 21 DATED: MAY 23 , 2011 The Honorable Claudia Wilken United States District Court Judge 22 23 24 25 26 27 28 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

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