Carrizosa et al v. Stassinos et al

Filing 297

ORDER deferring class notice and staying action against Stassinos. Signed by Judge Whyte on 6/11/10. (rmwlc2, COURT STAFF) (Filed on 6/11/2010)

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Paul Arons 685 Spring St., # 104 Friday Harbor, WA 98250 Tel. [phone] Fax [phone] [e-mail] Ronald Wilcox, State Bar # LAW OFFICE OF RONALD WILCOX 2160 The Alameda, 1st Flr., Suite F San Jose, CA 95126 [phone] O. Randolph Bragg, Ill. Bar #06221983 HORWITZ, HORWITZ & ASSOCIATES 25 East Washington, Suite 900 Chicago, IL 60602 [phone] Attorneys for Plaintiff UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RICHARD L. CARRIZOSA and MARY PEAS, on behalf of themselves and others similarly situated, Plaintiffs, vs. PAUL R. STASSINOS, et al. Defendants. The Court has preliminarily approved a settlement of the claims against Paul R. Stassinos in the above-entitled action. In the settlement defendant Stassinos and the plaintiffs have stipulated that actual and statutory damages total $153,363.43. The parties will resolve the amount of reasonable attorneys' fees and costs by stipulation of by an motion for reasonable attorneys' fees and costs filed with this Court. In light of the pending Stassinos bankruptcy action which may result in a complete CIV. NO. 05-CV-2280 RMW CLASS ACTION ORDER DEFERRING CLASS NOTICE AND STAYING ACTION AGAINST STASSINOS

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Civ. No 05-cv-2280 RMW: Order Deferring Class Notice and Staying Action

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discharge of liability, with all monetary terms of the settlement preliminarily approved, and good cause appearing therefore, IT IS HEREBY ORDERED that the issue of sending class notice, and final settlement approval are deferred pending completion of the adversary proceeding, Carrizosa v. Stassinos, A.P. No. 0902752, filed in In re Stassinos, Bankruptcy Case No. 09-37029-C-7, (U.S.B.C-E.D. Cal.). No purpose is served by notifying class members of the proposed class settlement, since it is impossible to provide meaningful notice given the pending bankruptcy proceeding. Within forty-five days of the date of this Order, either the parties shall file a stipulation setting the amount of reasonable attorneys' fees and costs for the proceedings to day, or plaintiffs shall file a motion for reasonable attorney's fees and costs. With the exception of the issue of attorneys' fees and costs, this action is stayed as against defendant Stassinos only. The action will proceed against the other defendants. Once proceedings in the bankruptcy court are concluded, if plaintiffs have prevailed in the bankruptcy court, they may return to this Court to decide class notice issues, for final settlement approval and for any other appropriate action necessary to concluding this matter against defendant Stassinos. If debtor Stassinos prevails in the bankruptcy court and obtains a complete discharge, the plaintiffs shall notify the Court and the action will be dismissed as against Stassinos.

DATED: June 11, 2010

Hon. Ronald M. Whyte, Judge United States District Court

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