Irias v. JPMorgan Chase Bank

Filing 29

ORDER TO SHOW CAUSE re Settlement. Order to Show Cause Hearing set for 4/6/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 3/3/2009. (ecg, COURT STAFF) (Filed on 3/4/2009)

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JAMES R. MCGUIRE (BAR NO. 189275) [e-mail] SARAH E. GRISWOLD (BAR NO. 240326) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 ROBERT S. STERN (BAR NO. 68240) [e-mail] SYLVIA RIVERA (BAR NO. 223203) [e-mail] MORRISON & FOERSTER LLP 555 West Fifth Street Los Angeles, CA 90013-1024 Telephone: [phone] Facsimile: 213.892.5454 Attorneys for Defendant JPMORGAN CHASE BANK, N.A., Erroneously sued as JPMORGAN CHASE BANK dba CHASE AUTOMOTIVE FINANCE

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MARIA I. IRIAS, individually, on behalf of the general public, and on behalf of all others similarly situated, Plaintiff, v. JPMORGAN CHASE BANK dba CHASE AUTOMOTIVE FINANCE; and DOES 1 through 50, inclusive, Defendants.

Case No.

08-CV-3099 JW

[CLASS ACTION]

ORDE STATEMENT IN JOINT R CONTINUING ORDER TO SHOW CAUSE ORDER TO RESPONSE TO RE: SETTLEMENT SHOW CAUSE RE: SETTLEMENT
Hearing Date: March 9, 2009 Time: 9:00 a.m. Place: Courtroom 8 Honorable James Ware

JOINT STATEMENT IN RESPONSE TO OSC RE: SETTLEMENT - Case No. 08-CV-3099 JW la-1018441

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Pursuant to the Court's Order Vacating Hearing on Motion and Setting Hearing on Order to Show Cause Re: Settlement, entered on January 23, 2009, Plaintiff Maria I. Irias and Defendant JPMorgan Chase Bank, N.A. (collectively, the "Parties"), hereby submit this joint statement in response to the order to show cause re: settlement. 1. The Parties have reached final agreement on both the terms and language of a

confidential settlement agreement resolving this action in its entirety (the "Settlement Agreement"). 2. Pursuant to the terms of the Settlement Agreement, the parties have agreed to file

with the Court a Stipulation of Voluntary Dismissal and Proposed Order upon the Parties' performance of certain obligations created by the Settlement Agreement. 3. The Parties expect that those obligations will be performed, and the Stipulation of

Voluntary Dismissal and Proposed Order filed with Court, by March 27, 2009. 4. Accordingly, the Parties respectfully request that the Court continue the hearing on

the OSC Re: Settlement, currently scheduled for March 9, 2009, to April 6, 2009, and further order that the hearing will be vacated automatically upon the filing of the Parties' Stipulation of Dismissal and Proposed Order in advance of the hearing date. Dated: February 27, 2009 MORRISON & FOERSTER LLP

By:

/s/Sylvia Rivera Sylvia Rivera Attorneys for Defendant JPMORGAN CHASE BANK, N.A., Erroneously sued as JPMORGAN CHASE BANK dba CHASE AUTOMOTIVE FINANCE

Dated: February 27, 2009

TRUEBLOOD LAW FIRM

By:

/s/Alexander B. Trueblood Alexander B. Trueblood

Attorneys for Plaintiff MARIA I. IRIAS *** ORDER *** For good cause shown, the Court continues the Order to Show Cause re: Settlement currently set for March 9, 2009 to April 1 JOINT STATEMENT IN RESPONSE TO 6, 2009 at 9 a.m. Dated: March 3, 2009 ____________________________ OSC RE: SETTLEMENT - Case No. 08-CV-3099 JW la-1018441 JAMES WARE United States District Judge