Irias v. JPMorgan Chase Bank

Filing 31

STIPULATION AND ORDER AS MODIFIED to Continue Order to Show Cause hearing from 4/6/2009 to 4/27/2009 re 30 Stipulation. Order to Show Cause Hearing set for 4/27/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 4/3/2009. (ecg, COURT STAFF) (Filed on 4/3/2009)

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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] STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON OSC RE: SETTLEMENT Hearing Date: April 6, 2009 Time: 9:00 a.m. Place: Courtroom 8 Honorable James Ware

STIPULATION AND [PROPOSED] ORDER CONTINUING OSC RE: SETTLEMENT - Case No. 08-CV-3099 JW la-1018441

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4/3/2009

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WHEREAS, the Parties have reached agreement on both the terms and language of a confidential settlement agreement resolving this action in its entirety (the "Settlement Agreement"); WHEREAS, the Parties are in the final stages of executing the Settlement Agreement and, following execution and the performance of certain administrative obligations pursuant to the Settlement Agreement, expect to file with the Court a Stipulation of Voluntary Dismissal; WHEREAS, execution of the Settlement Agreement has been delayed due to the relocation of Plaintiff Maria I. Irias; WHEREAS, counsel for Plaintiff has attempted, and through the services of a private investigator, is continuing to attempt to ascertain Plaintiff's new address so that the settlement may be finalized; and WHEREAS, the foregoing facts are those that the parties expect to relate to the Court at the OSC Re: Settlement scheduled for April 6, 2009; THEREFORE, the parties stipulate, subject to the Court's approval, that the OSC Re: Settlement may be continued two weeks to April 20, 2009 to allow Plaintiff's counsel additional time to ascertain Plaintiff's new address and finalize the execution of the Settlement Agreement. IT IS SO STIPULATED. MORRISON & FOERSTER LLP Dated: April 3, 2009 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: April 3, 2009 TRUEBLOOD LAW FIRM

By:

/s/Alexander B. Trueblood Alexander B. Trueblood Attorneys for Plaintiff MARIA I. IRIAS

STIPULATION AND [PROPOSED] ORDER CONTINUING OSC RE: SETTLEMENT - Case No. 08-CV-3099 JW la-1018441

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STIPULATION AND [PROPOSED] ORDER CONTINUING OSC RE: SETTLEMENT - Case No. 08-CV-3099 JW la-1018441
April 3, Dated: ______________, 2009

ORDER

AS MODIFIED

The parties having stipulated, and good cause appearing, it is hereby ORDERED that
27 the OSC Re: Settlement is continued from April 6, 2009 to April 20, 2009, at 9:00 a.m.

IT IS SO ORDERED.

James Ware United States District Court Judge

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1 GENERAL ORDER 45 ATTESTATION 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
STIPULATION AND [PROPOSED] ORDER CONTINUING OSC RE: SETTLEMENT - Case No. 08-CV-3099 JW la-1018441

I, Sylvia Rivera, am the ECF User whose ID and password are being used to file the attached STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON OSC RE: SETTLEMENT. In compliance with General Order 45, X.B., I hereby attest that Alexander B. Trueblood has concurred in this filing. /s/ Sylvia Rivera

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CERTIFICATE OF SERVICE I declare that I am employed with the law firm of Morrison & Foerster LLP, whose address is 555 West Fifth Street, Suite 3500, Los Angeles, California 90013-1024. I am not a party to the within cause, and I am over the age of eighteen years. I further declare that on April 3, 2009, I served a copy of: STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON OSC RE: SETTLEMENT BY U.S. MAIL [Fed. Rule Civ. Proc. rule 5(b)] by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, addressed as follows, for collection and mailing at Morrison & Foerster LLP, 555 West Fifth Street, Suite 3500, Los Angeles, California 90013-1024 in accordance with Morrison & Foerster LLP's ordinary business practices. I am readily familiar with Morrison & Foerster LLP's practice for collection and processing of correspondence for mailing with the United States Postal Service, and know that in the ordinary course of Morrison & Foerster LLP's business practice the document(s) described above will be deposited with the United States Postal Service on the same date that it (they) is (are) placed at Morrison & Foerster LLP with postage thereon fully prepaid for collection and mailing. Alexander B. Trueblood Trueblood Law Firm 10940 Wilshire Blvd. Suite 1600 Los Angeles, CA 90024 Tel.: [phone] Fax: [phone] Attorneys for Plaintiff MARIA I. IRIAS Notice of Electronic Filing of the foregoing document will be electronically mailed by the Clerk of the Court of the United States District Court for the Northern District of California using the CM/ECF system to the following: Bryan Kemnitzer ([e-mail]) Kevin Christopher Mallon ([e-mail]) Kemnitzer, Anderson, Barron, Ogilvie & Brewer LLP 445 Bush Street, Sixth Floor San Francisco, California 94108 Attorneys for Plaintiff MARIA I. IRIAS I declare under penalty of perjury that the above is true and correct. Executed at Los Angeles, California, this 3rd day of April, 2009.

Sylvia Rivera (typed)

s/Sylvia Rivera (signature)

STIPULATION AND [PROPOSED] ORDER CONTINUING OSC RE: SETTLEMENT - Case No. 08-CV-3099 JW la-1018441

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