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)

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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: (702) 382-1500 5 Facsimile: (702) 382-1512 jgarin@lipsonneilson.com 6 jgreen@lipsonneilson.com 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: (415) 283-1006 10 tcampbell@snllp.com 11 Attorneys for Defendant 12 AUTOVEST, LLC 13 UNITED STATES DISTRICT COURT 14 DISTRICT OF NEVADA 15 * * * 16 17 18 19 20 CARLOS EFRAIN LEONEL GARCIA, an individual, on behalf of himself and all those similarly situated, Plaintiff, vs. 21 22 AUTOVEST, LLC, a foreign limited liability company; 23 24 Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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) 25 26 27 28 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 1 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: 4 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. 9 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. 13 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. 18 4. On January 4, 2017, Defendant proposed several substantive revisions 19 to the terms of the settlement agreement and class notice. 20 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. 22 6. On January 12, 2017, the Stipulating Parties met and conferred by phone 23 in attempt to solve those issues. 24 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. 27 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. 4 9. This is the second stipulation for an extension of time relating to the 5 joint motion for preliminary approval of the settlement. 6 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. 10 11 DATED: January 12, 2017 12 /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 13 14 15 16 17 18 19 20 21 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 22 23 IT IS SO ORDERED 24 25 26 27 The Honorable Jennifer Dorsey United States District Judge DATED: January 13, 2017 28 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

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