Kramer v. Autobytel Inc et al

Filing 123

ORDER Granting 122 Stipulation to Advance Hearing Date re 121 MOTION for Settlement of Class Action. Signed by Judge Claudia Wilken on 7/19/2011. (ndr, COURT STAFF) (Filed on 7/19/2011)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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

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v.

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AUTOBYTEL, INC., a Delaware corporation,
and B2MOBILE, LLC, a California limited
8 liability company, and LEADCLICK MEDIA,
INC., a California corporation,
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Defendants.
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No. 10-cv-02722-CW
STIPULATION TO ADVANCE
PRELIMINARY APPROVAL
HEARING

Honorable Claudia A. Wilken

STIPULATION TO ADVANCE PRELIMINARY APPROVAL HEARING

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Pursuant to Local Rule 6-1, the Parties stipulate to have Plaintiff’s Motion for

13 Preliminary Approval of Class Action Settlement Agreement, filed with the Court on July 18,
14 2011 (Dkt. No. 121), heard July 28, 2011, rather the 35 days’ notice otherwise required by Local
15 Rule 7-2(a).
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Respectfully Submitted,

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19 DATED: July 18, 2011.

EDELSON McGUIRE, LLC

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By

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DATED: July 18, 2011.

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SUMMIT LAW GROUP PLLC
By

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42762.1

/s/ Christopher L. Dore
Christopher L. Dore
Ryan D. Andrews
Attorneys for Plaintiff
Christopher Kramer

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

1 DATED: July 18, 2011.

REED SMITH LLP

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By

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/s/ Roxanne M. Wilson
Roxanne M. Wilson
Jack R. Nelson
Attorneys for Defendant
LeadClick Media, Inc.

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ORDER

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Pursuant to stipulation and for good cause shown, IT IS SO ORDERED.

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DATED:

July 19

, 2011

The Honorable Claudia Wilken
United States District Court Judge

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42762.1

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

2

CHRISTOPHER KRAMER, individually and
3 on behalf of all others similarly situated,
4
5
6

Plaintiff,
v.

AUTOBYTEL, INC., a Delaware corporation,
and B2MOBILE, LLC, a California limited
8 liability company, and LEADCLICK MEDIA,
INC., a California corporation,
9
Defendants.
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7

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No. 10-cv-02722-CW
DECLARATION IN SUPPORT
OF STIPULATION TO
ADVANCE PRELIMINARY
APPROVAL HEARING

Honorable Claudia A. Wilken

DECLARATION OF CHRISTOPHER L. DORE IN SUPPORT OF STIPULATION TO
ADVANCE PRELIMINARY APPROVAL HEARING

13 Pursuant to 28 U.S.C. § 1746, I, Christopher L. Dore, hereby declare and state as follows:
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1.

I am an attorney admitted to practice in the State of Illinois and have been

15 admitted pro hac vice in this matter. I am entering this declaration in support of the Parties’
16 Stipulation to Advance Preliminary Approval Hearing. I am fully competent to make this
17 declaration. This declaration is based upon my personal knowledge, except where expressly
18 noted otherwise.
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2.

The Parties seek to advance the Preliminary Approval hearing based on deadlines

20 set forth by Rust Consulting and Kinsella Media to accomplish the publication portion of the
21 Notice Plan called for in the Settlement Agreement. Should the Court grant Preliminary
22 Approval to the Settlement Agreement at a later hearing date than July 28, 2011, publication
23 notice will be materially postponed by up to two months.
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3.

The Parties have requested a limited number of timing changes during the course

25 of this case, all of which were made in good faith and based on reasonable need. The
26 modifications include: (1) extension of time for Defendants to respond to Plaintiff’s complaint
27 (Dkt. No. 29); (2) modification of the briefing schedule for Defendants’ motions to dismiss (Dkt.
28 No. 61); (3) modification of the briefing schedule for Defendants’ motions to dismiss as it

1 applied to the United States intervention (Dkt. No. 82); (4) joint stipulation to vacate dates
2 pending class action settlement (Dkt. No. 111); (5) extension of deadlines regarding the
3 settlement agreement and preliminary approval motion (Dkt. No. 113); and (6) further extension
4 of deadlines regarding the settlement agreement and preliminary approval motion (Dkt. No.
5 115).
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4.

The requested modification in the Parties’ Stipulation to Advance Preliminary

7 Approval Hearing will not materially impact the case in a negative manner. As stated above, the
8 modification is necessary to ensure the timely and efficient distribution of notice and the
9 eventual complete resolution of this case.
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5.

I declare under penalty of perjury that the foregoing is true and correct.

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Respectfully Submitted,

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14 DATED: July 18, 2011.
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By

/s/ Christopher L. Dore
Christopher L. Dore
EDELSON McGUIRE, LLC
Attorneys for Plaintiff
Christopher Kramer

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