Irias v. JPMorgan Chase Bank

Filing 33

STIPULATION AND ORDER AS MODIFIED to Continue Show Cause Hearing re 32 Stipulation. Stipulated Dismissal or Joint Statement due by 5/11/2009. Order to Show Cause Hearing set for 5/18/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Signed by Judge James Ware on 4/24/2009. (ecg, COURT STAFF) (Filed on 4/24/2009)

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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 27, 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-1026153

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WHEREAS, on April 3, 2009, the Parties advised the Court that they had reached agreement on both the terms and language of a confidential settlement agreement resolving this action in its entirety, but that the settlement agreement had not yet been executed due to the relocation of Plaintiff Maria I. Irias; WHEREAS, counsel for Ms. Irias recently ascertained her new contact information and the Parties are in the final stages of finalizing the settlement; WHEREAS, following the performance of certain administrative obligations pursuant to the terms of the Parties' settlement, the Parties expect to file with the Court a Stipulation of Voluntary Dismissal; and WHEREAS, the foregoing facts are those that the parties expect to relate to the Court at the OSC Re: Settlement scheduled for April 27, 2009; THEREFORE, the parties stipulate, subject to the Court's approval, that the OSC Re: Settlement may be continued two weeks to May 11, 2009 to allow the Parties sufficient time to execute the settlement agreement and satisfy the obligations precedent to the filing of a dismissal pursuant to the terms of the Parties' settlement agreement. IT IS SO STIPULATED. MORRISON & FOERSTER LLP Dated: April 24, 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 24, 2009 KEMNITZER, ANDERSON, OGILVIE, BARRON & BREWER, LLP

By:

/s/Bryan Kemnitzer Bryan Kemnitzer Attorneys for Plaintiff MARIA I. IRIAS

STIPULATION AND [PROPOSED] ORDER CONTINUING OSC RE: SETTLEMENT - Case No. 08-CV-3099 JW la-1026153

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STIPULATION AND [PROPOSED] ORDER CONTINUING OSC RE: SETTLEMENT - Case No. 08-CV-3099 JW la-1026153

ORDER The parties having stipulated, and good cause appearing, it is hereby ORDERED that

18, at 9 a.m. the OSC Re: Settlement is continued from April 27, 2009 to May 11, 2009 at 9:00 a.m. This is the parties' final continuance. On or before May 11, 2009, the parties shall file their
IT IS SO ORDERED. Stipulated Dismissal or a Joint Statement informing the Court of their progress in reducing the

settlement to a writing. April 24, 2009 Dated: ______________, 2009
James Ware United States District Court Judge

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