Schulken et al v. Washington Mutual Bank, Henderson, NV et al

Filing 198

ORDER by Judge Lucy H. Koh granting 196 Stipulation (lhklc2, COURT STAFF) (Filed on 3/8/2012)

Case5:09-cv-02708-LHK Document196 Filed03/07/12 Page1 of 4

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GEORGE G. WEICKHARDT (SBN 58586)
WENDY C. KROG (SBN 257010)
ROPERS, MAJESKI, KOHN & BENTLEY
201 Spear Street, Suite 1000
San Francisco, CA 94105-1667
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant,
JPMORGAN CHASE BANK, N.A.
[additional counsel appear on signature page]
Sean P. Reis (Cal. Bar. No. 184044)
EDELSON MCGUIRE, LLP
Lakeview Tower
30021 Tomas Street, Suite 300
Rancho Santa Margarita, CA 92688
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs,
JEFFREY AND JENIFER SCHULKEN

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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JEFFREY SCHULKEN AND JENIFER
SCHULKEN, individually and on behalf of a
class of similarly situated individuals,
Plaintiff,
v.
WASHINGTON MUTUAL BANK,
HENDERSON, NEVADA; JPMORGAN CHASE
BANK, N.A.,
Defendants.

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CASE NO. 5:09-cv-02708-LHK
STIPULATION AND PROPOSED
ORDER REGARDING EXTENSION
OF TIME TO FILE MOTION FOR
PRELIMINARY APPROVAL
Judge: Hon. Lucy H. Koh

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STIPULATION REGARDING EXTENSION OF TIME
TO FILE MOTION FOR PRELIMINARY APPROVAL

CASE NO. 5:09-cv-02708-LHK

Case5:09-cv-02708-LHK Document196 Filed03/07/12 Page2 of 4

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WHEREAS, on February 5, 2012, this Court entered an order requiring Plaintiffs to
either file a motion for preliminary approval of a class settlement or to finalize and mail out
the class notice by March 7, 2012; and

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WHEREAS, since February 5, 2012 the Parties have had several discussions

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regarding settlement and held a further telephonic mediation session with Judge Wayne

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Andersen on February 28, 2012; and

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WHEREAS, through these efforts, on March 7, 2012, the Parties reached an
agreement in principle with respect to the relief to be made available to the Class and
Subclass members, and have exchanged a draft settlement agreement. The agreement with
respect to the class relief is contingent upon reaching an agreement on Plaintiffs' attorneys'
fees and costs, which is currently being negotiated;
WHEREAS, the Parties request an additional 7 days to continue their negotiations,
with the hope of reaching a final resolution on all matters;

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WHEREAS, Chase provided Plaintiffs' counsel with a partial list of Class members

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that Chase was able to identify, and has supplemented that list with a small number of

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additional Class members identified through a manual review.

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continues its efforts to produce a complete list of Class members, the work of reviewing

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approximately 23,000 HELOC contracts to determine whether borrowers meet the Class

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definition has taken longer than expected. To identify Class members, Chase has searched its

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imaged borrower files and extracted HELOC contracts for the approximately 23,000

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borrowers potentially included in the class. In an effort to comply with the Court's March 7

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deadline, Chase also hired a vendor to assist with the process of reviewing HELOC contracts.

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Despite best efforts and working through the weekend to complete this process, Chase needs

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an additional seven days to complete the process of identifying the Class members.

While Chase diligently

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STIPULATION REGARDING EXTENSION OF TIME
TO FILE MOTION FOR PRELIMINARY APPROVAL

CASE NO. 5:09-cv-02708-LHK

Case5:09-cv-02708-LHK Document196 Filed03/07/12 Page3 of 4

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This Stipulation is made in good faith and not for the purposes of delaying the
litigation.

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Respectfully submitted,

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Dated: March 7, 2012

Dated: March 7, 2012

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By:

By:

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SEAN P. REIS (Cal. Bar. No. 184044)
EDELSON MCGUIRE, LLP
Lakeview Tower
30021 Tomas Street, Suite 300
Rancho Santa Margarita, CA 92688
Telephone: [phone]
Facsimile: [phone]
[e-mail]

GEORGE G. WEICKHARDT (SBN 58586)
WENDY C. KROG (SBN 257010)
ROPERS, MAJESKI, KOHN & BENTLEY
201 Spear Street, Suite 1000
San Francisco, CA 94105-1667
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

EVAN M. MEYERS
STEVEN L. WOODROW
EDELSON MCGUIRE, LLC
350 N. LASALLE STREET
CHICAGO, ILLINOIS 60654
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Admitted Pro Hac Vice

LEANN PEDERSEN POPE
VICTORIA R. COLLADO
BURKE, WARREN, MACKAY
& SERRITELLA, P.C.
330 North Wabash, 22nd Floor
Chicago, IL 60611
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Admitted Pro Hac Vice

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/s/ Steven L. Woodrow

Attorneys for Plaintiffs,
JEFFREY AND JENIFER SCHULKEN

/s/ LeAnn Pedersen Pope

Attorneys for Defendant,
JPMORGAN CHASE BANK, N.A.

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STIPULATION REGARDING EXTENSION OF TIME
TO FILE MOTION FOR PRELIMINARY APPROVAL

CASE NO. 5:09-cv-02708-LHK

Case5:09-cv-02708-LHK Document196 Filed03/07/12 Page4 of 4

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ORDER

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Pursuant to the stipulation,

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IT IS SO ORDERED.

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Dated: March 8, 2012

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UNITED STATES DISTRICT JUDGE LUCY H. KOH

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STIPULATION REGARDING EXTENSION OF TIME
TO FILE MOTION FOR PRELIMINARY APPROVAL

CASE NO. 5:09-cv-02708-LHK