Robert H, Hansen v Conseco Insurance Company

Filing 196

STIPULATION AND ORDER 195 for Scheduling Class Certification Issues: Motion Hearing set for 12/3/2010 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 10/4/10. (jg, COURT STAFF) (Filed on 10/4/2010)

Robert H, Hansen v Conseco Insurance Company

Doc. 196

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BARRACK, RODOS & BACINE STEPHEN R. BASSER (121590) [e-mail] [e-mail] 600 West Broadway, Suite 900 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] ROBBINS GELLER RUDMAN & DOWD LLP Theodore Pintar (131372) [e-mail] 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] Counsel for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA In re CONSECO INSURANCE CO. ANNUITY MARKETING & SALES PRACTICES LITIG. This Case Relates To: ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C-05-04726-RMW CLASS ACTION STIPULATION AND ORDER FOR SCHEDULING CLASS CERTIFICATION ISSUES AND ORDER

*E-FILED - 10/4/10*

ALL ACTIONS.

STIPULATION Whereas, the Parties delayed proceedings on class certification issues while exploring settlement possibilities and proceeding to mediation with Judge Edward Infante (ret.) on three occasions, including February 25, 2010 and March 11, 2010; Whereas, the Parties, having previously been unable to resolve this lawsuit, believed that the case should move forward, even as they continued to explore settlement; Whereas, Plaintiff filed his Motion for Class Certification and supporting documents on June 7, 2010 to which Defendants responded on August 21, 2010;
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Whereas, the hearing on Plaintiff's Motion for Class Certification is presently scheduled for October 8, 2010; Whereas, on September 14 and 15, 2010, the Parties engaged in further meaningful face-toface settlement negotiations; Whereas, the Parties are continuing final phases of negotiation that they believe may achieve a full and final settlement in resolution of this action; Whereas, the Parties believe in good faith that the interests of efficient case management and judicial economy merit a continuance of the pending hearing on Plaintiff's Motion for Class Certification to allow them to fully concentrate their efforts on reaching an amicable resolution, and; Whereas, the Parties believe that suspending all class certification discovery or briefing for a reasonable period to allow them sufficient time to complete final settlement negotiations is necessary. Now, therefore, Plaintiff and all Defendants hereby stipulate and agree to the following revised schedule for class certification, subject to the Court's approval: 1. The hearing on Plaintiffs Motion for Class Certification shall be continued to

December 3, 2010; 2. Plaintiff shall file his reply to Defendants' response to the Motion for Class

Certification on or before November 24, 2010; /// /// /// /// /// /// /// /// ///
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3.

If the matter is settled, the Parties will apply for preliminary approval within

sufficient time so that such application shall be heard on December 3,2010 in lieu of the motion for class certification. DATED: September 27, 2010

_______/s/ THEODORE PINTAR_____ ROBBINS GELLER RUDMAN & DOWD Co-Lead Attorneys for Plaintiff Theodore Pintar 655 West Broadway, Suite 1900 San Diego, CA 92101 [phone]

______/s/ JAMES J. DRIES ________ BAKER & McKENZIE LLP Thomas A. Doyle James J. Dries One Prudential Plaza 130 East Randolph Drive, Suite 3500 Chicago, IL 60601 [phone]

/s/ STEPHEN R. BASSER BARRACK, RODOS & BACINE Co-Lead Attorneys for Plaintiff Stephen R. Basser One America Plaza 600 West Broadway, Suite 900 San Diego, CA 92101 [phone]

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ORDER The Court having considered the above stipulation and good cause appearing, IT IS HEREBY ORDERED that the parties shall comply with the schedule set forth above. IT IS FURTHER ORDERED that the hearing on Plaintiff's Motion for Class Certification shall be scheduled for December 3, 2010, at 9:00 a.m. in Courtroom 6 of this Court. IT IS FURTHER ORDERED that should the parties achieve an amicable resolution of the action via settlement, they shall work diligently to prepare and execute settlement documents and shall seek preliminary approval of the settlement on December 3, 2010 at 9:00 a.m. in Courtroom 6 of this Court, in lieu of a hearing on Plaintiff's Motion for Class Certification on that date.

Ronald M. Whyte United States District Court Judge

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