Takiguchi et al v. MRI International, Inc. et al

Filing 775

ORDER granting ECF No. 774 Stipulation for Extension of Time to file a motion for preliminary approval. Motion due by 1/10/2018. Signed by Judge Howard D. McKibben on 12/11/2017. (Copies have been distributed pursuant to the NEF - LH)

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JAMES E. GIBBONS (pro hac vice)
Cal. State Bar No. 130631
MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
801 South Figueroa Street, 15th Floor
Los Angeles, CA 90017
Tel. [phone]
[e-mail]

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ROBERT W. COHEN (pro hac vice)
Cal. State Bar No. 150310
MARIKO TAENAKA (pro hac vice)
Cal. State Bar No. 273895
LAW OFFICES OF ROBERT W. COHEN, A.P.C.
1901 Avenue of the Stars, Suite 1900
Los Angeles, CA 90067
Tel. [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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SHIGE TAKIGUCHI, FUMI NONAKA,
MITSUAKI TAKITA, TATSURO SAKAI,
SHIZUKO ISHIMORI, YUKO NAKAMURA,
MASAAKI MORIYA, HATSUNE HATANO, and
HIDENAO TAKAMA, individually and on behalf of
all others similarity situated,

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Plaintiff,

Case No.: 2:13-cv-01183-HDM-NJK
ORDER AND STIPULATION FOR
CONTINUANCE OF DEADLINE
TO FILE MOTION FOR
PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT
AS TO MRI INTERNATIONAL,
INC. AND EDWIN FUJINAGA

v.
MRI INTERNATIONAL, INC., EDWIN J.
FUJINAGA, JUNZO SUZUKI, PAUL MUSASHI
SUZUKI, LVT, INC., dba STERLING ESCROW,
and DOES 1-500,
Defendants.

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STIPULATION TO CONTINUE THE DEADLINE TO FILE CLASS ACTION SETTLEMENT APPROVAL

Plaintiffs Shige Takiguchi, et. al. and Defendants MRI International, Inc. (“MRI”) and Edwin

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Fujinaga (collectively the “Parties”) submit this stipulation for an order continuing the deadline for

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dispositive motions.
WHEREAS, on November 17, 2017 the Court ordered Parties to file a motion for preliminary

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approval of class action settlement no later than December 11, 2017 (Dkt. 764);
WHEREAS, the Parties reached a settlement in principle in September 2017 and have exchanged

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drafts of the settlement agreement (“Class Action Settlement Agreement”);
WHEREAS, on November 17, 2017 Mr. Fujinaga raised, for the first time, his concern that, since

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a receiver has been appointed by the Court in the parallel U.S Securities and Exchange Commission’s

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action against MRI and himself (SEC v. MRI International, Inc., USDC Nevada Case No. 2:13-cv-1658,

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Dkt. 226) (“SEC Action”), he believed that he may not be authorized to enter into any settlement on

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behalf of MRI or himself;
WHEREAS, on November 18, 2017, the Court appointed receiver in the SEC Action, Robb

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Evans & Associates, confirmed its belief to plaintiff’s counsel that Mr. Fujinaga was not authorized to

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enter into a settlement agreement with Plaintiffs and directed that Plaintiffs send a copy of the Class

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Action Settlement Agreement to the receiver’s counsel, Lynch Law Practice;
WHEREAS, on November 30, 2017, the Receiver declined to enter into the Class Action

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Settlement Agreement because he did not believe that the settlement would benefit the receivership

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estate;

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WHEREAS, on November 30, 2017, and December 7, 2017, Plaintiffs’ counsel met and

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conferred with Receiver’s counsel, Michael Lynch, Esq., explaining that the order appointing receiver

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specifically includes a carve-out provision exempting the present action from the Receiver’s control and

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that, in any event, the settlement is in the best interest of all parties, including the receivership estate;

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WHEREAS, the Receiver maintains its position that he is unable to authorize the settlement
absent direction from the Court;
WHEREAS, the Parties intend to file a joint motion in the SEC Action requesting direction from

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the Court, either that the Receiver lacks authority to direct the settlement in this action, or that Judge

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Mahan order the Receiver to enter into the Class Action Settlement Agreement;
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STIPULATION TO CONTINUE THE DEADLINE TO FILE CLASS ACTION SETTLEMENT APPROVAL

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NOW, therefore, the Parties jointly move that the Court enter an order providing for:
1. A 30-day continuance of the deadline to file a motion for preliminary approval to January
10, 2018.

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Dated: December 8, 2017
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MANNING & KASS
ELLROD, RAMIREZ, TRESTER LLP
By:

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/s/ James Gibbons
JAMES E. GIBBONS
STEVEN J. RENICK
Attorneys for Plaintiffs

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LAW OFFICES OF ROBERT W. COHEN
A Professional Corporation

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By:

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/s/ Robert W. Cohen
ROBERT W. COHEN
MARIKO TAENAKA
Attorneys for Plaintiffs

HITZKE & FERRAN

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By:

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/s/
Erick Ferran
Erick Ferran
Attorneys for Defendant MRI International,
Inc. and Edwin Fujinaga

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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December 11, 2017
DATED: _____________________

______________________________
United States District Judge

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STIPULATION TO CONTINUE THE DEADLINE TO FILE CLASS ACTION SETTLEMENT APPROVAL