Garcia v. Autovest, LLC

Filing 52

ORDER Granting 51 Stipulation to Extend Time to File Joint Motion. ( Motions due by 1/31/2017.) Signed by Judge Jennifer A. Dorsey on 1/13/17. (Copies have been distributed pursuant to the NEF - ADR)

Case 2:16-cv-00601-JAD-CWH Document 51 Filed 01/12/17 Page 1 of 4

1 LIPSON, NEILSON, COLE, SELTZER & GARIN, P.C.

JOSEPH P. GARIN, ESQ.

2 Nevada Bar No. 6653

JESSICA A. GREEN, ESQ.

3 Nevada Bar No. 12383

9900 Covington Cross Drive, Suite 120

4 Las Vegas, NV 89144

Telephone: [phone]

5 Facsimile: [phone]

[e-mail]

6 [e-mail]
7 SIMMONDS & NARITA LLP

R. TRAVIS CAMPBELL (pro hac vice)

8 California Bar No. 271580

44 Montgomery Street, Suite 3010

9 San Francisco, CA 94104

Telephone: [phone]

10 [e-mail]

11 Attorneys for Defendant
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AUTOVEST, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CARLOS EFRAIN LEONEL
GARCIA, an individual, on behalf of
himself and all those similarly
situated,
Plaintiff,
vs.

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AUTOVEST, LLC, a foreign limited
liability company;

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Defendant.

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CASE NO.: 2:16-cv-00601-JAD-CWH
STIPULATION AND ORDER TO
EXTEND TIME TO FILE JOINT
MOTION FOR PRELIMINARY
APPROVAL OF CLASS
SETTLEMENT
(SECOND REQUEST)

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GARCIA v. AUTOVEST, LLC (CASE NO. 2:16-cv-00601-JAD-CWH)
STIPULATION AND ORDER TO EXTEND TIME TO FILE JOINT MOTION FOR PRELIMINARY APPROVAL
OF CLASS SETTLEMENT (SECOND REQUEST)

Case 2:16-cv-00601-JAD-CWH Document 51 Filed 01/12/17 Page 2 of 4

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Plaintiff Carlos Efrain Leonel Garcia (“Plaintiff”), nonparty Lorraine Belt

2 (“Belt”), and defendant Autovest, L.L.C. (“Autovest”) (collectively, the “Stipulating
3 Parties”), by and through their undersigned counsel, hereby stipulate as follows:
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1.

On November 8, 2016, the parties filed a Stipulation and Order Staying

5 Pending Motions and Setting Date to Submit Joint Motion Re Approval of Class
6 Settlement. The stipulation stated that the parties have reached a class-wide
7 settlement in principle and that a joint motion for approval of the settlement will be
8 filed on or before December 16, 2016.
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2.

On November 14, 2016, the Court entered an Order denying all pending

10 motions without prejudice and, consistent with the parties’ stipulation, requiring the
11 joint motion for preliminary approval of the settlement to be filed on or before
12 December 16, 2016.
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3.

Pursuant to the Stipulating Parties’ request, on December 15, 2016, the

14 Court extended the deadline file the joint motion for approval of the settlement to
15 January 13, 2017, in order to give Defendant additional time to review its records, to
16 identify necessary class information and to review the settlement documents with its
17 counsel, who was out of the office from December 23, 2016 through January 2, 2017.
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4.

On January 4, 2017, Defendant proposed several substantive revisions

19 to the terms of the settlement agreement and class notice.
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5.

On January 10, 2017, Plaintiff and Belt agreed to most of the revisions,

21 however, substantive disagreement remained on at least two remaining issues.
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6.

On January 12, 2017, the Stipulating Parties met and conferred by phone

23 in attempt to solve those issues.
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7.

In light of the ongoing negotiations, the Stipulating Parties have agreed

25 to further extend the deadline to file the joint motion for preliminary approval of the
26 settlement from January 13, 2017 to January 31, 2017.
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8.

The extension is warranted because the Stipulating Parties have been

28 engaged in good faith negotiations in an effort to finalize the settlement and have
GARCIA v. AUTOVEST, LLC (CASE NO. 2:16-cv-00601-JAD-CWH)
STIPULATION AND ORDER TO EXTEND TIME TO FILE JOINT MOTION FOR PRELIMINARY APPROVAL
OF CLASS SETTLEMENT (SECOND REQUEST)

1

Case 2:16-cv-00601-JAD-CWH Document 51 Filed 01/12/17 Page 3 of 4

1 made substantial progress. The Stipulating Parties believe additional time to
2 consider each side’s respective positions as to the final remaining issues will be
3 beneficial and increase the likelihood of reaching a final agreement.
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9.

This is the second stipulation for an extension of time relating to the

5 joint motion for preliminary approval of the settlement.
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For the reasons stated herein and pursuant to Local Rules IA 6-1, IA 6-2 and

7 7-1, the Stipulating Parties hereby agree that the parties’ deadline to file the joint
8 motion for preliminary approval of the class settlement is extended from January 13,
9 2017. to January 31, 2017.
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11 DATED: January 12, 2017
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/s/R. Travis Campbell
R. TRAVIS CAMPBELL (pro hac vice)
California Bar #271580
Attorneys for Defendant
44 Montgomery Street, Suite 3010
San Francisco, CA 94104

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SIMMONDS & NARITA LLP

DATED: January 12, 2017

LEGAL AID CENTER OF
SOUTHERN NEVADA, INC.
/s/Dan L. Wulz
DAN L. WULZ
Nevada Bar #5557
Attorneys for Plaintiff and nonparty
Lorraine Belt
725 E. Charleston Blvd.
Las Vegas, NV 89104

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IT IS SO ORDERED

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The Honorable Jennifer Dorsey
United States District Judge
DATED:

January 13, 2017

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GARCIA v. AUTOVEST, LLC (CASE NO. 2:16-cv-00601-JAD-CWH)
STIPULATION AND ORDER TO EXTEND TIME TO FILE JOINT MOTION FOR PRELIMINARY APPROVAL
OF CLASS SETTLEMENT (SECOND REQUEST)

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