Berrien et al v. New Raintree Resorts International, LLC et al

Filing 80

ORDER Granting 79 Status Report regarding Settlement and Proposed Order Setting Briefing and Hearing Scheduling for Preliminary Approval Motion. Motions due by 11/15/2011. Motion Hearing set for 11/29/2011 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 11/2/2011. (ndr, COURT STAFF) (Filed on 11/2/2011)

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Jonathan K. Levine (State Bar No. 220289)
[e-mail]
Elizabeth C. Pritzker (State Bar No. 146267)
[e-mail]
Todd Espinosa (State Bar No. 209591)
[e-mail]
GIRARD GIBBS LLP
601 California Street
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
Class Counsel and Attorneys for Individual and
Representative Plaintiffs Curtis Berrien, Rose Huerta,
Tina Musharbash, Fern Prosnitz, Michael Andler,
Marcus Boness, Timothy Bonnell, Richard Buford,
Elaine Cefola, Kenneth Davis and Jerome Garoutte

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CURTIS BERRIEN; ROSE HUERTA; TINA
)
MUSHARBASH; FERN PROSNITZ; MICHAEL )
ANDLER; MARCUS BONESS; TIMOTHY
)
BONNELL; RICHARD BUFORD; ELAINE
)
CEFOLA; KENNETH DAVIS; JEROME
)
GAROUTTE, on behalf of themselves and all
)
others similarly situated,
)
)
Plaintiffs,
)
v.
)
NEW RAINTREE RESORTS
)
INTERNATIONAL, LLC; RVC MEMBERS,
)
LLC; DOUGLAS Y. BECH
)
)
Defendants.
)

Case No. CV 10-03125 CW

STATUS REPORT REGARDING
SETTLEMENT AND [PROPOSED] ORDER
SETTING BRIEFING AND HEARING
SCHEDULE FOR PRELIMINARY
APPROVAL MOTION
CLASS ACTION

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STATUS REPORT REGARDING SETTLEMENT AND [PROPOSED] ORDER SETTING
BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY APPROVAL MOTION

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In accordance with the Court’s September 29, 2011 order, Plaintiffs and Class Representatives

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Curtis Berrien, Rose Huerta, Tina Musharbash, Fern Prosnitz, Michael Andler, Marcus Boness,

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Timothy Bonnell, Richard Buford, Elaine Cefola, Kenneth Davis and Jerome Garoutte (“Plaintiffs”)

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and Defendants New Raintree Resorts International, LLC, RVC Members, LLC and Douglas Y. Bech

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(“Defendants”) respectfully submit this report regarding the status of their proposed settlement of this

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action and formal settlement documentation and proposed briefing and hearing dates regarding a

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motion for preliminary settlement approval. See Dkt. No. 78.

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Counsel for the Parties are continuing to make progress towards settlement and are currently

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drafting a formal settlement agreement, a proposed notice to the settlement class pursuant to Rule

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23(e)(1) of the Federal Rules of Civil Procedure and notice to government authorities pursuant to 28

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U.S.C. § 1715(b). The Parties and their counsel expect to reach final agreement on such documentation

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in the next several weeks. Plaintiffs plan thereafter to make a motion for preliminary settlement

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approval to the Court, which Defendants will not oppose.

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The Parties propose that Plaintiffs file their unopposed motion for preliminary settlement

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approval no later than November 15, 2011 and that the motion be heard by the Court on November 29,

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2011. The Court has scheduled a case management conference for November 29, 2011. See Dkt.

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No. 78.

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Dated: October 26, 2011

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Respectfully submitted,
GIRARD GIBBS LLP

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By:

/s/ Jonathan K. Levine
Jonathan K. Levine

Elizabeth C. Pritzker
Todd Espinosa
601 California Street, 14th Floor
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
Class Counsel and Attorneys for Individual and
Representative Plaintiffs Curtis Berrien, Rose Huerta,
Tina Musharbash, Fern Prosnitz, Michael Andler, Marcus
Boness, Timothy Bonnell, Richard Buford, Elaine Cefola,
Kenneth Davis and Jerome Garoutte
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STATUS REPORT REGARDING SETTLEMENT AND [PROPOSED] ORDER SETTING
BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY APPROVAL MOTION

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LOOPER REED & MCGRAW P.C.

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Dated: October 26, 2011

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By:

/s/ James J. Ormiston
James J. Ormiston

1300 Post Oak Blvd., Suite 2000
Houston, Texas 77056
Telephone: [phone]
Facsimile: [phone]

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Daryl M. Crone
Gerald E. Hawxhurst
CRONE HAWXHURST LLP
10880 Wilshire Blvd., Suite 1150
Los Angeles, California 90024
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants New Raintree Resorts
International, LLC, RVC Members, LLC and Douglas Y.
Bech

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[PROPOSED] ORDER

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Plaintiffs shall file their unopposed motion for preliminary settlement approval and supporting

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documentation, including a proposed notice to the settlement class, no later than November 15, 2011.
The motion shall be heard on November 29, 2011 at 2:00 p.m. The motion shall propose a schedule
agreed upon by the Parties for providing notice of the proposed settlement to the settlement class and
for briefing and hearing on a motion for final settlement approval pursuant to Rule 23(e) of the Federal
Rules of Civil Procedure, if the proposed settlement is preliminarily approved by the Court. No case
management statement need be filed by the Parties.

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IT IS SO ORDERED.

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Date:

11/2/2011

___________________________________
THE HON. CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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STATUS REPORT REGARDING SETTLEMENT AND [PROPOSED] ORDER SETTING
BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY APPROVAL MOTION

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CERTIFICATE OF SERVICE

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I, Jonathan K. Levine, hereby certify that on October 26, 2011, I filed the following
document(s):
STATUS REPORT REGARDING SETTLEMENT AND [PROPOSED] ORDER SETTING
BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY APPROVAL MOTION
By ECF (Electronic Case Filing): I e-filed the above-detailed document utilizing the United
States District Court, Northern District of California’s mandated ECF service on October 26, 2011.
Counsel of record are required by the Court to be registered e-filers, and as such are automatically
e-served with a copy of the document(s) upon confirmation of e-filing.

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I declare under penalty of perjury that the foregoing is true and correct. Executed at
San Francisco, CA on October 26, 2011.

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/s/ Jonathan K. Levine

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STATUS REPORT REGARDING SETTLEMENT AND [PROPOSED] ORDER SETTING
BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY APPROVAL MOTION