Pinel v. Aurora Loan Services LLC

Filing 228

ORDER by Judge Saundra Brown Armstrong Granting 227 Stipulation TO AMEND CLASS NOTICE OF SETTLEMENT. (ndr, COURT STAFF) (Filed on 9/30/2014)

1
2
3
4
5
6

STEVE W. BERMAN (Pro Hac Vice)
THOMAS E. LOESER (202724)
HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

10

ALI ABTAHI (224688)
IDENE SAAM (258741)
ABTAHI LAW FIRM
1012 Torney Ave
San Francisco, CA 94129
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

11

Attorneys for Plaintiffs and the Proposed Class

7
8
9

12
UNITED STATES DISTRICT COURT
13
NORTHERN DISTRICT OF CALIFORNIA
14
OAKLAND DIVISION
15

17

MAUDER and ALICE CHAO; DEOGENESO
and GLORINA PALUGOD, and MARITZA
PINEL, individually and on behalf of all others
similarly situated,

18

Plaintiffs,

16

19
20

No. 10-cv-03118-SBA
STIPULATION AND [PROPOSED]
ORDER TO AMEND CLASS NOTICE
OF SETTLEMENT

v.
AURORA LOAN SERVICES, LLC,

21

Defendant.

22
23
24
25
26
27
28
010191-11 721349 V1

Case No.: 10-cv-03118-SBA

1

The parties, plaintiffs Mauder and Alice Chao, Deogeneso and Glorina Palugod, and

2

Maritza Pinel, and Defendant Aurora Loan Services LLC, hereby stipulate and request the Court

3

order the Notice of Class Action Settlement in this case to be amended to include the property

4

address and Aurora loan number for which notice is sent. Attached as Exhibit A is a clean version

5

of the proposed revised notice; Exhibit B is a redlined version showing the changes from the

6

previously approved Notice of Class Action Settlement.

7

This amendment is necessary because in preparation for mailing the Notice of Class Action

8

Settlement, the parties discovered that there are approximately 220 potential class members who

9

either have more than one property or more than one loan associated with a single property, the

10

servicing of which may qualify for class inclusion. By amending the Notice of Class Action

11

Settlement to include the property address and Aurora loan number, potential class members will

12

be able to determine which particular property and/or loan is addressed in each Notice of Class

13

Action Settlement received, which will minimize the possibility of confusion for potential class

14

members with more than one loan or more than one property at issue.

15

Dated: September 29, 2014

HAGENS BERMAN SOBOL SHAPIRO LLP

16
By:

17
18

Attorneys for Plaintiffs
MAUDER and ALICE CHAO; DEOGENESO
and GLORINA PALUGOD

19
20

/s/ Thomas Loeser
Thomas E. Loeser

Dated: September 29, 2014

ABTAHI LAW FIRM

21
By:

22
23

/s/ Ali Abtahi
Ali Abtahi

Attorneys for Plaintiff
MARITZA PINEL

24
25
26
27
28

-1STIPULATION TO AMEND CLASS NOTICE OF SETTLEMENT
010191-11 721349 V1

Case No.: 10-cv-03118-SBA

1

Dated: September 29, 2014

ARNOLD & PORTER LLP

2
By:
3
4

/s/ David B. Bergman
David B. Bergman

Attorneys for Defendant
AURORA LOAN SERVICES LLC

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2STIPULATION TO AMEND CLASS NOTICE OF SETTLEMENT
010191-11 721349 V1

Case No.: 10-cv-03118-SBA

1

FOR GOOD CAUSE SHOWN,

2

The Class Notice of Settlement shall be amended as set forth in Exhibit A to include the property

3

address and Aurora loan number for which the notice has been sent.

4
5
DATED this 30th day of September, 2014.
___
6
7
8
HON. SAUNDRA B. ARMSTRONG

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-3STIPULATION TO AMEND CLASS NOTICE OF SETTLEMENT
010191-11 721349 V1

Case No.: 10-cv-03118-SBA

1

GENERAL ORDER 45 ATTESTATION

2

In accordance with General Order 45, concurrence in the filing of this document has been

3

obtained from each of the signatories and I shall maintain records to support this concurrence for

4

subsequent production for the court if so ordered or for inspection upon request by a party.

5
6

DATED: September 29, 2014

HAGENS BERMAN SOBOL SHAPIRO LLP

7
By:
/s/ Thomas E. Loeser
Steve W. Berman (Pro Hac Vice)
Thomas E. Loeser (Cal. Bar No. 202724)
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-4STIPULATION TO AMEND CLASS NOTICE OF SETTLEMENT
010191-11 721349 V1

Case No.: 10-cv-03118-SBA

1
2

CERTIFICATE OF SERVICE
I hereby certify that on September 29, 2014, I electronically filed the foregoing document

3

using the CM/ECF system which will send notification of such filing to the e-mail addresses

4

registered in the CM/ECF system, as denoted on the Electronic Mail Notice List, and I hereby

5

certify that I have caused to be mailed a paper copy of the foregoing document via the United

6

States Postal Service to the non-CM/ECF participants indicated on the Manual Notice List

7

generated by the CM/ECF system.

8
/s/ Thomas E. Loeser
THOMAS E. LOESER

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-5STIPULATION TO AMEND CLASS NOTICE OF SETTLEMENT
010191-11 721349 V1

Case No.: 10-cv-03118-SBA