Clark et al v. Bank of America Corporation

Filing 111

ORDER Granting #110 Stipulation Regarding Settlement and Upcoming Status Hearing. The Status Hearing currently scheduled for 2/10/20 is vacated; and The parties shall file a Motion for Approval of Settlement in 45 days, or, if not possible by that time, file a joint status report regarding the anticipated date for filing. Signed by Magistrate Judge Cam Ferenbach on 2/4/2020. (Copies have been distributed pursuant to the NEF - ADR)

1 Don Springmeyer
Nevada Bar No. 1021
2 Bradley S. Schrager
Nevada Bar No 10217
3 WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP
3556 E. Russell Road, Second Floor
4 Las Vegas, Nevada 89120
Telephone: [phone]
5 Facsimile: 702-341-5300
[e-mail]
6 [e-mail]
7 Attorneys for Plaintiffs MAUREEN CLARK and
SONYA ALEXANDER
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(Additional counsel listed in signature page)
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

12 MAUREEN CLARK and SONYA
ALEXANDER, individually, and on behalf of
13 all others similarly situated,
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CASE NO. 2:16-cv-02228-GMN-VCF
STIPULATION AND ORDER
REGARDING SETTLEMENT OF
MATTER AND UPCOMING STATUS
HEARING

Plaintiff,
vs.

16 BANK OF AMERICA, N.A.,
Complaint Filed:
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September 21, 2016

Defendant.

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Plaintiffs Maureen Clark and Sonya Alexander, on behalf of themselves and all persons

20 who have opted in to this action (collectively “Plaintiffs”), and Defendant Bank of America,
21 N.A., hereby notify the Court that the parties have reached an agreement in principle to settle the
22 entire matter pursuant to a proposed collective action settlement, subject to the Court’s approval
23 and to their conferring regarding the terms and drafting/execution of the formal proposed
24 settlement agreement. The parties presently intend to file a Motion for Approval of Settlement in
25 approximately 45 days.
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Accordingly, the parties hereby request that all current deadlines and events be vacated,

27 including the Status Hearing on the Discovery Plan and Scheduling Order currently set for
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STIPULATION AND ORDER REGARDING SETTLEMENT OF MATTER AND UPCOMING STATUS HEARING

1 February 10, 2020 in Courtroom D with Magistrate Judge Ferenbach.
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STIPULATION

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NOW THEREFORE, the parties hereby agree and stipulate as follows:

4 The current pleading and discovery deadlines in this matter should be vacated.
5 The Status Hearing currently scheduled for February 10, 2020 should be vacated; and
6 The parties shall file a Motion for Approval of Settlement in 45 days, or, if not possible by that
7 time, file a joint status report regarding the anticipated date for filing.
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DATED: January 31, 2020.

9 WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP
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By:
/s/ Don Springmeyer
11 Don Springmeyer - NSB 1021
Bradley S. Schrager - NSB 10217
12 3556 E. Russell Road, Second Floor
Las Vegas, Nevada 89120
13 Telephone: [phone]/Fax: [phone]
14 Kevin J. Stoops (admitted pro hac vice)
(Michigan SBN P64371)
15 SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
16 Southfield, Michigan 48076
Telephone: [phone]/Fax: [phone]
17 [e-mail]
18 Jason T. Brown (admitted pro hac vice)
(New Jersey SBN 035921996)
19 Nicholas Conlon (admitted pro hac vice)
(New Jersey SBN 034052013)
20 BROWN, LLC
111 Town Square Place, Suite 400
21 Jersey City, New Jersey 07310
Telephone: [phone]
22 [e-mail]
[e-mail]
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Attorneys for Plaintiffs MAUREEN CLARK
24 and SONYA ALEXANDER

MCGUIREWOODS LLP
By:/s/ Matthew C. Kane
Matthew C. Kane (admitted pro hac vice)
(California SBN #171829)
Remy Kessler (admitted pro hac vice)
(California SBN #123165)
1800 Century Park East, 8th Floor
Los Angeles, California 90067-1501
Telephone: [phone]
Facsimile: 310.315.8210
Sheri M. Thome
Nevada Bar No. 8657
Chad C. Butterfield
Nevada Bar No. 10532
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
300 South 4th Street, 11th Floor,
Las Vegas, Nevada 89101
Telephone: [phone]
Facsimile: 702.727.1401
Attorneys for Defendant
BANK OF AMERICA, N.A.

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STIPULATION AND ORDER REGARDING SETTLEMENT OF MATTER AND UPCOMING STATUS HEARING

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IT IS SO ORDERED.

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February
4th
Dated this ____day of ____________ , 2020.

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UNITED STATES MAGISTRATE JUDGE

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CERTIFICATE OF SERVICE
I hereby certify that on this 31st day of January, 2020, a true and correct copy
of STIPULATION AND ORDER REGARDING SETTLEMENT OF MATTER was served
via the United States District Court CM/ECF system on all parties or persons requiring notice.

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By /s/ Christie Rehfeld
Christie Rehfeld, an Employee of
WOLF, RIFKIN, SHAPIRO, SCHULMAN &
RABKIN, LLP

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STIPULATION AND ORDER REGARDING SETTLEMENT OF MATTER AND UPCOMING STATUS HEARING