Guess v. US Bancorp et al

Filing 148

JOINT STIPULATION AND ORDER RE MOTION FOR CLASS CERTIFICATION BRIEFING SCHEDULE AND SETTLEMENT CONFERENCE (approving doc. no. 147 ). Signed by Judge Jeremy Fogel on 12/15/08. (jflc2, COURT STAFF) (Filed on 12/15/2008)

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[COUNSEL LISTED ON NEXT PAGE] **E-Filed 12/15/08**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

SEAN GUESS, on behalf of himself and all others similarly situated, Plaintiff, vs. US BANCORP; US BANCORP INVESTMENTS; U.S. BANK N.A.; U.S. BANK d/b/a U.S. BANK HOME MORTGAGE; and DOES 1-50, Defendants.

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Case No. C06-07535 ­ JF The Honorable Jeremy Fogel JOINT STIPULATION AND -------------------[PROPOSED] ORDER RE MOTION FOR CLASS CERTIFICATION BRIEFING SCHEDULE AND SETTLEMENT CONFERENCE

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STIPULATION AND [PROPOSED] ORDER C06-07535-JF

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BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP Alan R. Plutzik (Bar No. 077785) L. Timothy Fisher (Bar No. 191626) 2125 Oak Grove Road, Suite 120 Walnut Creek, California 94598 Telephone: [phone] Facsimile: [phone] - andJoseph H. Meltzer Gerald D. Wells, III (Bar No. 257496) Katherine B. Bornstein (Bar No. 249926) Robert J. Gray Robert W. Biela 280 King of Prussia Road Radnor, PA 19087 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Sean Guess

WINSTON & STRAWN LLP Joan B. Tucker Fife (SBN:144572) 101 California Street San Francisco, CA 94111 Telephone: [phone] Facsimile: 415-591-1400 - and Jessie A. Kohler (SBN: 179363) Eric E. Suits (SBN: 232762) 333 South Grand Avenue Los Angeles, CA 90071-1543 Telephone: [phone] Facsimile: 213-615-1750 Attorneys for Defendants US BANCORP, US BANCORP INVESTMENTS, U.S. BANK N.A., U.S. BANK

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STIPULATION AND [PROPOSED] ORDER C06-07535-JF

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WHEREAS Plaintiff filed his Motion for Class Certification Pursuant to Fed. R. Civ. P. 23 ("Motion for Class Certification") on November 7, 2008; WHEREAS Defendants' Opposition to Plaintiff's Motion for Class Certification ("Opposition") is currently due on December 22, 2008; WHEREAS Plaintiff's Reply in support of Plaintiff's Motion for Class Certification ("Reply") is currently due on January 23, 2009; WHEREAS the hearing on Plaintiff's Motion for Class Certification is currently set for February 6, 2009; WHEREAS a settlement conference is currently set before Judge Richard Seeborg on December 22, 2008; WHEREAS the parties are scheduled to submit settlement conference statements on December 15, 2008 in advance of the settlement conference before Judge Richard Seeborg; WHEREAS the parties have agreed on a tentative settlement of the matter and are currently conferring on the final details of the settlement; WHEREAS the parties wish to avoid incurring significant additional costs and fees in connection with the Motion for Class Certification and unnecessarily using judicial resources while they finalize their settlement agreement; and WHEREAS should the parties be unable to agree on a final settlement, the parties will promptly so notify the Court; IT IS THEREFORE STIPULATED AND AGREED, by and between the parties hereto through their attorneys of record, and subject to the approval of the Court, that, except for any activities necessary to finalizing a settlement, the case be stayed pending either a Court order dismissing the action or notification by the parties to the Court that they were unable to finalize a settlement. Specifically, the Parties request an order that: (1) calendar; (2) The February 6, 2009 hearing date on Plaintiff's Motion for Class Certification be The December 22, 2008 settlement conference before Judge Seeborg be taken off

taken off-calendar; 3
STIPULATION AND [PROPOSED] ORDER C06-07535-JF

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(3) (4)

Further briefing on the Motion for Class Certification be stayed; and No later than January 12, 2009, the parties will either submit documents to the Court

requesting approval of the settlement and/or dismissal of the case (as determined through the parties' agreement regarding settlement) or provide the Court with a report regarding the status of the settlement. DATED: December 12, 2008 BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP By: /s/ Joseph H. Meltzer Gerald D. Wells, III Katherine B. Bornstein Robert J. Gray Attorneys for Plaintiff SEAN GUESS WINSTON & STRAWN LLP By: /s/ Jessie A. Kohler Attorneys for Defendants US BANCORP, US BANCORP INVESTMENTS, U.S. BANK N.A., U.S. BANK

SO ORDERED, this 15thday of December, 2008.

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The Honorable Jeremy Fogel United States District Court Judge

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SF:223926.3

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STIPULATION AND [PROPOSED] ORDER C06-07535-JF