Wahl v. American Security Insurance Company

Filing 172

STIPULATION AND ORDER RE 171 VACATING CASE MANAGEMENT SCHEDULING ORDER ENTERED ON MARCH 4, 2011 AND SETTING SCHEDULE FOR MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. Motion Hearing set for 6/2/2011 09:00 AM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 3/30/11. (cl, COURT STAFF) (Filed on 3/30/2011)

*E-Filed 3/30/11* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. AMERICAN SECURITY INSURANCE COMPANY; and DOES 1-50, inclusive, Defendants. MICHELLE T. WAHL, on behalf of herself and all others similarly situated, Plaintiff, Joseph N. Kravec, Jr. (Admitted pro hac vice) STEMBER FEINSTEIN DOYLE & PAYNE, LLC 429 Forbes Avenue Allegheny Building, 17th Floor Pittsburgh, Pennsylvania 15219 Telephone: [phone] Facsimile: [phone] Email: [e-mail] James M. Pietz (Admitted pro hac vice) PIETZ LAW OFFICE 429 Forbes Avenue Allegheny Building, 16th Floor Pittsburgh, Pennsylvania 15219 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff MICHELLE T. WAHL, on behalf of herself and all others similarly situated UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) 1
Stipulation and [Proposed] Order Vacating Case Management Scheduling Order Entered on March 4, 2011 And Setting Schedule For Motion for Preliminary Approval of Settlement; Case No.: C:08-0555-RS

Stephen F. Yunker (CSB 110159) YUNKER & SCHNEIDER 655 West Broadway, Suite 1400 San Diego, California 92101 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

Peter S. Hecker (Bar No. 66159) Anna S. McLean (Bar No. 142233) SHEPPARD MULLIN RICHTER AND HAMPTON, LLP Four Embarcadero Center 17th Floor San Francisco, California 94111-4109 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail]

Frank Burt (Admitted pro hac vice) Denise A. Fee (Admitted pro hac vice) Dawn B. Williams (Admitted pro hac vice) JORDEN BURT LLP 1025 Thomas Jefferson Street, NW Washington, DC 20007-0805 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] Attorneys for Defendant AMERICAN SECURITY INSURANCE COMPANY

Case No. C:08-0555-RS CLASS ACTION STIPULATION AND [PROPOSED] ORDER VACATING CASE MANAGEMENT SCHEDULING ORDER ENTERED ON MARCH 4, 2011 AND SETTING SCHEDULE FOR MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

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The parties, by their undersigned counsel, hereby submit the following stipulation and [proposed] order for entry by this Court pursuant to Local Rule 7-12: 1. On March 4, 2011, the Court approved a four (4) week extension of all pre-trial

deadlines based on the parties' stipulation seeking that extension to give them time to attend a settlement mediation on March 24, 2011. This mediation session was conducted by Judge Ronald M. Sabraw (retired) to whom Judge Infante referred the parties since his schedule is booked until the end of May, 2011. See Stipulation and Order Amending the Case Management Scheduling Order Entered on January 27, 2011, entered on March 4, 2011 (Document 169). 2. The parties agreed to a class-wide settlement of this action at the March 24, 2011

mediation. The parties have begun the process of memorializing this class-wide settlement in a written settlement agreement together with various exhibits thereto, and of drafting the proposed notice to the settlement class and a Joint Motion for Preliminary Approval of the Settlement and Directing Settlement Notice to the Class. 3. The parties have agreed that the settlement papers will be completed within 45 days

of the March 24, 2011 mediation, and will be ready to submit to the Court for preliminary approval at that time. Further, the parties believe that the Plaintiff's motion for preliminary approval should be heard on a shortened schedule, because Defendant will respond very shortly after the motion is filed confirming it does not oppose preliminary approval of the proposed settlement. Accordingly, the parties stipulate and hereby request that the Court enter the following schedule: a. Plaintiff's Motion for Preliminary Approval of the Settlement and Directing Settlement Notice to the Class to be filed no later than May 12, 2011; b. c. Defendant's Response to be filed no later than May 19, 2011 and Hearing on Joint Motion for Preliminary Approval of the Settlement and Directing Settlement Notice to the Class to be held on June 2, 2011, at 9:00 a.m. 4. The parties also request that the Court vacate all existing pre-trial deadlines

established in the Stipulation and Order Amending the Case Management Scheduling Order Entered on January 27, 2011, entered on March 4, 2011 (Document 169). The parties believe that vacating these pre-trial deadlines is appropriate here since they have entered a proposed class-wide settlement 2
Stipulation and [Proposed] Order Vacating Case Management Scheduling Order Entered on March 4, 2011 And Setting Schedule For Motion for Preliminary Approval of Settlement; Case No.: C:08-0555-RS

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that will be submitted to this Court for preliminary approval by June 2, 2011 and the preliminary approval motion will ask that the Court set a Final Approval Hearing approximately 100 days thereafter. Proceeding with pre-trial activities while approval of a proposed class-wide settlement is pending would not be efficient for the Court or the parties, and certainly will not facilitate the resolution of this action. The Parties respectfully request that the Court enter this Stipulation. Dated: March 30, 2011 AGREED TO BY: STEMBER FEINSTEIN DOYLE & PAYNE, LLC By: s/ Joseph N. Kravec, Jr. Joseph N. Kravec, Jr. 429 Forbes Avenue Allegheny Building, 17th Floor Pittsburgh, PA 15219 Telephone: [phone] Facsimile: [phone] Email: [e-mail] James M. Pietz, Esquire PIETZ LAW OFFICE 429 Forbes Avenue Allegheny Building, 16th Floor Pittsburgh, PA 15219 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Steve Yunker, Esquire YUNKER & SCHNEIDER 655 West Broadway, Suite 1400 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] Email: [e-mail] ATTORNEYS FOR PLAINTIFF PURSUANT TO STIPULATION, IT IS SO ORDERED: 3/30 Dated: ______________________, 2011 3
Stipulation and [Proposed] Order Vacating Case Management Scheduling Order Entered on March 4, 2011 And Setting Schedule For Motion for Preliminary Approval of Settlement; Case No.: C:08-0555-RS

JORDEN BURT LLP By: s/ Frank G. Burt (per e-mail consent) Frank G. Burt Denise A. Fee, Esquire Dawn B. Williams, Esquire 1025 Thomas Jefferson Street, NW Washington, DC 20007-0805 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] Peter S. Hecker, Esquire Anna S. McLean, Esquire SHEPPARD MULLIN RICHTER & HAMPTON, LLP Four Embarcadero Center, 17th Floor San Francisco, CA 94111-4109 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] ATTORNEYS FOR DEFENDANT

_____________________________________ Honorable Richard Seeborg