Labriola v. Bank of America, National Association

Filing 43

ORDER by Judge Claudia Wilken Granting #42 Stipulation TO VACATE LITIGATION DATES. (ndr, COURT STAFF) (Filed on 1/22/2013)

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QUADRA & COLL, LLP
James A. Quadra (SBN 131084)
Email: [e-mail]
Rebecca M. Coll (SBN 184468)
Email: [e-mail]
Niall Vignoles (SBN 170937)
[e-mail]
649 Mission Street, Fifth Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JOHN ROBERT LaBRIOLA

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MCGUIREWOODS LLP
Matthew C. Kane, Esq. (SBN 171829)
Email: [e-mail]
Michael D. Mandel, Esq. (SBN 216934)
Email: [e-mail]
John A. Van Hook (SBN 205067)
Email: [e-mail]
Christopher A. Killens (SBN 254466)
Email: [e-mail]
1800 Century Park East, 8th Floor
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: 310.315.8210

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Attorneys for Defendant
MERRILL LYNCH, PIERCE, FENNER & SMITH,
INCORPORATED

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN ROBERT LABRIOLA, on behalf of
himself and those similarly situated,

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CASE NO. 4:12-cv-00079-CW
STIPULATION AND [PROPOSED]
ORDER TO VACATE LITIGATION
DATES PENDING PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

Plaintiff
v.
BANK OF AMERICA, NATIONAL
ASSOCIATION; MERRILL LYNCH
PIERCE FENNER & SMITH, INCORP.;
BANK OF AMERICA CORPORATION;
and Does 3-50, inclusive

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STIPULATION AND ORDER TO VACATE LITIGATION DATES
CASE NO. 4:12-CV-00079-CW

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Plaintiff John LaBriola, on behalf of himself and all those similarly situated (“Plaintiff)

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and Defendant Defendant Merrill Lynch Pierce Fenner & Smith, Incorporated (“Defendant”)

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enter into this joint stipulation and request that the Court enter the proposed order set forth below.

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RECITALS
A.

WHEREAS, the Court’s Order on Plaintiff’s Stipulation to Continue Trial and Pre-

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Trial Dates and to Mediate entered September 17, 2012 (Docket No. 41) and notices of reset

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deadlines entered by the Court on September 18, 2012 (“Notices of Reset Dates”), set forth a

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number of dates and deadlines, including a deadline to file a Motion to Certify the Class on

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February 4, 2013, and

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B.

WHEREAS, the parties engaged in an all-day mediation at JAMS with John Bates,

Jr. on October 12, 2012, and thereafter continued to engage in arms-length negotiations, and
C.

WHEREAS, on January 18, 2013, the parties reached agreement on the terms of a

proposed settlement, and
D.

WHEREAS, the parties require sufficient time to prepare and finalize a formal

settlement agreement, and
E.

WHEREAS, the Plaintiff requires sufficient time to prepare a file a motion for

preliminary approval of the class action settlement, and
F.

WHEREAS, the parties would like the dates set forth in the order entered on

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September 17, 2012 (Docket No. 41) and those appearing in the Notices of Reset Dates entered

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by the Court on September 18, 2012 to be vacated in order to have sufficient time to finalize the

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settlement documents and for Plaintiff to seek the Court’s preliminary approval of the class action

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settlement,

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STIPULATION

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NOW THEREFORE THE PARTIES STIPULATE:

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1.

Defendant will provide a draft settlement agreement to Plaintiff within 14 days.

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2.

The parties will finalize the settlement agreement within 35 days.

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3.

Plaintiff will prepare and file a motion for preliminary approval of the class action

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settlement within 60 days.
-2STIPULATION AND ORDER TO VACATE LITIGATION DATES
CASE NO. 4:12-CV-00079-CW

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4.

The parties request that the Court vacate the remaining dates and deadlines set

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forth in the Order entered on September 17, 2012 (Docket No. 41) and those appearing in the

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Notices of Reset Dates entered by the Court on September 18, 2012.

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5.

If for any reason the Court does not approve the class action settlement, the parties

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request that the Court reset the remaining dates and deadlines vacated pursuant to this Stipulation

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and Order.

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IT IS SO STIPULATED.

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Dated: January 18, 2013

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McGUIRE WOODS LLP
By: /s/ Michael Mandel
MICHAEL D. MANDEL
Attorneys for Defendant
MERRILL LYNCH PIERCE FENNER &
SMITH, INCORPORATED

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Dated: January 18, 2013

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QUADRA & COLL LLP
By: /s/ Rebecca Coll
JAMES A. QUADRA
REBECCA COLL

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Counsel for Plaintiff
JOHN ROBERT LaBRIOLA

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ATTESTATION

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I, Rebecca Coll, attest that concurrence in the filing of this document has been obtained
from each of the above signatories.
Dated: September 14, 2012

QUADRA & COLL LLP

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By: /s/ Rebecca Coll
REBECCA COLL

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-3STIPULATION AND ORDER TO VACATE LITIGATION DATES
CASE NO. 4:12-CV-00079-CW

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Based on the above Stipulation, IT IS SO ORDERED. A case management conference

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2 p.m.
3/28/13
will be held on ___________ at _______ if no motion for preliminary approval has been filed.

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DATED: 1/22/2013

_____________________________
HON. CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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-4STIPULATION AND ORDER TO VACATE LITIGATION DATES
CASE NO. 4:12-CV-00079-CW