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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1 2 3 4 5 6 7 QUADRA & COLL, LLP James A. Quadra (SBN 131084) Email: jquadra@quadracoll.com Rebecca M. Coll (SBN 184468) Email: rcoll@quadracoll.com Niall Vignoles (SBN 170937) nvignoles@quadracoll.com 649 Mission Street, Fifth Floor San Francisco, California 94105 Telephone: (415) 426-3502 Facsimile: (415) 625-9936 Attorneys for Plaintiff JOHN ROBERT LaBRIOLA 8 9 10 11 12 13 14 MCGUIREWOODS LLP Matthew C. Kane, Esq. (SBN 171829) Email: mkane@mcguirewoods.com Michael D. Mandel, Esq. (SBN 216934) Email: mmandel@mcguirewoods.com John A. Van Hook (SBN 205067) Email: jvanhook@mcguirewoods.com Christopher A. Killens (SBN 254466) Email: ckillens@mcguirewoods.com 1800 Century Park East, 8th Floor Los Angeles, CA 90067 Telephone: 310.315.8200 Facsimile: 310.315.8210 15 16 Attorneys for Defendant MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED 17 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 21 22 JOHN ROBERT LABRIOLA, on behalf of himself and those similarly situated, 23 24 25 26 27 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 28 STIPULATION AND ORDER TO VACATE LITIGATION DATES CASE NO. 4:12-CV-00079-CW 1 Plaintiff John LaBriola, on behalf of himself and all those similarly situated (“Plaintiff) 2 and Defendant Defendant Merrill Lynch Pierce Fenner & Smith, Incorporated (“Defendant”) 3 enter into this joint stipulation and request that the Court enter the proposed order set forth below. 4 5 RECITALS A. WHEREAS, the Court’s Order on Plaintiff’s Stipulation to Continue Trial and Pre- 6 Trial Dates and to Mediate entered September 17, 2012 (Docket No. 41) and notices of reset 7 deadlines entered by the Court on September 18, 2012 (“Notices of Reset Dates”), set forth a 8 number of dates and deadlines, including a deadline to file a Motion to Certify the Class on 9 February 4, 2013, and 10 11 12 13 14 15 16 17 18 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 19 September 17, 2012 (Docket No. 41) and those appearing in the Notices of Reset Dates entered 20 by the Court on September 18, 2012 to be vacated in order to have sufficient time to finalize the 21 settlement documents and for Plaintiff to seek the Court’s preliminary approval of the class action 22 settlement, 23 STIPULATION 24 NOW THEREFORE THE PARTIES STIPULATE: 25 1. Defendant will provide a draft settlement agreement to Plaintiff within 14 days. 26 2. The parties will finalize the settlement agreement within 35 days. 27 3. Plaintiff will prepare and file a motion for preliminary approval of the class action 28 settlement within 60 days. -2STIPULATION AND ORDER TO VACATE LITIGATION DATES CASE NO. 4:12-CV-00079-CW 1 4. The parties request that the Court vacate the remaining dates and deadlines set 2 forth in the Order entered on September 17, 2012 (Docket No. 41) and those appearing in the 3 Notices of Reset Dates entered by the Court on September 18, 2012. 4 5. If for any reason the Court does not approve the class action settlement, the parties 5 request that the Court reset the remaining dates and deadlines vacated pursuant to this Stipulation 6 and Order. 7 IT IS SO STIPULATED. 8 9 Dated: January 18, 2013 10 McGUIRE WOODS LLP By: /s/ Michael Mandel MICHAEL D. MANDEL Attorneys for Defendant MERRILL LYNCH PIERCE FENNER & SMITH, INCORPORATED 11 12 13 14 Dated: January 18, 2013 15 QUADRA & COLL LLP By: /s/ Rebecca Coll JAMES A. QUADRA REBECCA COLL 16 17 Counsel for Plaintiff JOHN ROBERT LaBRIOLA 18 19 ATTESTATION 20 21 22 23 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 24 25 By: /s/ Rebecca Coll REBECCA COLL 26 27 28 -3STIPULATION AND ORDER TO VACATE LITIGATION DATES CASE NO. 4:12-CV-00079-CW 1 2 [PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. 3 Based on the above Stipulation, IT IS SO ORDERED. A case management conference 4 2 p.m. 3/28/13 will be held on ___________ at _______ if no motion for preliminary approval has been filed. 5 6 7 DATED: 1/22/2013 _____________________________ HON. CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION AND ORDER TO VACATE LITIGATION DATES CASE NO. 4:12-CV-00079-CW

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