Graves et al v. Southwestern & Pacific Specialty Finance, Inc.

Filing 62

Order Granting 61 STIPULATION Staying Case Pending July 29, 2014 Settlement Conference. Case stayed. Signed by Judge Saundra Brown Armstrong on 5/28/2014. (ndr, COURT STAFF) (Filed on 5/28/2014)

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SQUIRE SANDERS (US) LLP
Mark C. Dosker (CA Bar #114789)
Carrie E. Jantsch (CA Bar #284877)
275 Battery Street, Suite 2600
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
SQUIRE SANDERS (US) LLP
Amy L. Brown (admitted pro hac vice)
1200 19th Street, N.W., Suite 300
Washington, D.C. 20036
Telephone:
+1.202.626.6600
Facsimile:
+1.202.626.6780
Email: [e-mail]
Attorneys for Defendant
SOUTHWESTERN & PACIFIC SPECIALTY
FINANCE, INC. dba CHECK ‘N GO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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BILL GRAVES, MINERVA LOPEZ,
KHAMPHA KHAMVONGSA, KERRY
MILES, KAREN GARZA, on behalf of
themselves and all persons similarly situated,

Case No.: 4:13-cv-1159-SBA
(Related to Case No. 12-cv-05797-SBA)
STIPULATION AND ORDER STAYING
CASE PENDING JULY 29, 2014
SETTLEMENT CONFERENCE

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Plaintiffs,
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v.
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SOUTHWESTERN & PACIFIC SPECIALTY
FINANCE, INC. dba CHECK ‘N GO, AND
Does 1 through 100, inclusive,

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Defendants.
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Plaintiffs Bill Graves, Minerva Lopez, Khampha Khamvongsa, Kerry Miles, and
Karen Garza (“Plaintiffs) and Defendant Southwestern & Pacific Specialty Finance, Inc.
(“Southwestern”) (collectively, the “parties”), by and through their undersigned counsel, enter
into the following Stipulation:
-1STIPULATION AND ORDER STAYING CASE PENDING JULY 29, 2014 SETTLEMENT CONFERENCE
CASE NO. 13-cv-1159-SBA

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WHEREAS, on February 19, 2014, following a Case Management Conference, the
Court issued an Order for Pretrial Preparation. [ECF No. 48];

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WHEREAS, at the February 19, 2014 Case Management Conference and in the

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Order for Pretrial Preparation, the Court set forth a pretrial schedule that includes the following

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pretrial deadlines: filing Plaintiffs’ Motion for Class Certification by July 1, 2014 and completing

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fact discovery by January 27, 2015. [ECF Nos. 47, 48];

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WHEREAS, following the February 19, 2014 Case Management Conference, the
Court referred the case to the Honorable Jacqueline Scott Corley for settlement purposes;

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WHEREAS, Magistrate Judge Corley held a teleconference with counsel for the

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Parties on February 26, 2014, at which Magistrate Judge Corley and the Parties agreed that

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meaningful settlement discussions could not occur until the Court ruled on Southwestern’s

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motion to compel arbitration in the related case, Bernal v. Southwestern & Pacific Specialty

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Finance, Inc., Case No. 12-cv-05797-SBA. Magistrate Judge Corley ordered Defendant to notify

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her when the Court ruled in the Bernal case. [ECF No. 49, ¶ 8];

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WHEREAS, on May 7, 2014, the Court ruled on the arbitration motion in Bernal.
[Bernal, ECF No. 68];

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WHEREAS, Defendant’s counsel then notified Magistrate Judge Corley of the

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decision in Bernal, and Judge Corley held two teleconferences with the Parties’ counsel (on May

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20 and 22, 2014) to discuss settlement. [ECF Nos. 58, 60];

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WHEREAS, the Parties agreed to conduct a settlement conference with Magistrate

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Judge Corley to discuss settling Plaintiffs’ claims in this matter and Plaintiff Bernal’s claims in

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Bernal;

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WHEREAS, Magistrate Judge Corley has set a settlement conference to be held on
July 29, 2014 [ECF No. 60];
WHEREAS, an Order granting the scheduling adjustment stipulated to herein will
promote judicial economy and efficiency for the Court and the parties;

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-2STIPULATION AND ORDER STAYING CASE PENDING JULY 29, 2014 SETTLEMENT CONFERENCE
CASE NO. 13-cv-1159-SBA

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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE to an Order of the Court as
follows:

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The case is stayed pending the July 29, 2014 settlement conference. Specifically, all

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pending discovery is stayed, and the parties shall not propound or notice any additional discovery

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until after the July 29, 2014 settlement conference. The deadline for filing the Motion for Class

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Certification is vacated. If the case does not settle on July 29, 2014, then by August 1, 2014 the

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parties shall file a joint status statement with the Court, proposing a revised schedule including a

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revised class certification motion and briefing schedule.

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Dated: May 2_, 2014

SQUIRE SANDERS (US) LLP

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By:
Mark C. Dosker

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Attorneys for Defendant
SOUTHWESTERN AND PACIFIC
SPECIALTY FINANCE, INC.
dba CHECK ‘N GO

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Dated: May 2_, 2014

LAKESHORE LAW CENTER

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By:
Jeffrey Wilens

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Attorneys for Plaintiffs
BILL GRAVES, MINERVA LOPEZ,
KHAMPHA KHAMVONGSA, KERRY
MILES, AND KAREN GARZA

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-3STIPULATION AND ORDER STAYING CASE PENDING JULY 29, 2014 SETTLEMENT CONFERENCE
CASE NO. 13-cv-1159-SBA

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: May 28, 2014

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United States District Judge

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-4STIPULATION AND ORDER STAYING CASE PENDING JULY 29, 2014 SETTLEMENT CONFERENCE
CASE NO. 13-cv-1159-SBA

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ATTESTATION
I hereby attest that I have on file written authorization for any signatures indicated
by a “conformed” signature (/s/) within this e-filed document.

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Mark C. Dosker

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C:\Users\kmdavis\Desktop\Electronic
Filings\Graves\Stipulation_and_Order_Staying_Case_pending_s
ettlement conference DOCX

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-5STIPULATION AND ORDER STAYING CASE PENDING JULY 29, 2014 SETTLEMENT CONFERENCE
CASE NO. 13-cv-1159-SBA