Clark et al v. Bank of America Corporation

Filing 114

ORDER Granting #113 Status Report. IT IS HEREBY ORDERED that additional time is granted. IT IS FURTHER ORDERED that the Motion for Approval of Settlement must be filed on or before 4/15/20. IT IS FURTHER ORDERED that a telephonic status hearing is scheduled for 10:00 AM, 4/29/20. Signed by Magistrate Judge Cam Ferenbach on 3/23/2020. (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
JOINT STATUS REPORT REGARDING
ANTICIPATED DATE FOR FILING OF
MOTION FOR APPROVAL OF
SETTLEMENT

Plaintiff,
vs.

16 BANK OF AMERICA, N.A.,
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Defendant.

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

20 have opted in to this action (collectively, “Plaintiffs”), and Defendant Bank of America, N.A.
21 (“Defendant”), hereby submit the following Joint Status Report in accordance with the Stipulation
22 and Order Regarding Settlement of Matter and Upcoming Status Hearing entered by the Court on
23 February 4, 2020 (the “Stipulation & Order”) [Dkt. #111].
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On January 31, 2020, the parties informed the Court that they had reached an agreement in

25 principle to settle the entire matter pursuant to a proposed settlement, subject to the Court’s approval
26 and to their conferring regarding the terms and drafting/execution of the formal proposed settlement
27 agreement. See Dkt. #110. Pursuant to their Stipulation & Order, the parties anticipated that a Motion
28 for Approval of Settlement would be filed within 45 days (i.e., by March 20, 2020, based on the date
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JOINT STATUS REPORT

1 the Order was entered), or, if not possible by that time, they agreed to file a joint status report
2 regarding the anticipated date for filing of the Motion. See Dkt. #111.
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In light of the impact of the COVID-19 pandemic, the parties request additional time to

4 prepare and execute a written settlement agreement and to prepare and file a Motion for Approval of
5 Settlement with the Court. In that regard, Defendant will provide Plaintiffs a draft of the settlement
6 agreement by April 1, 2020, and Plaintiffs will file the Motion for Approval of Settlement by April
7 15, 2020, subject to the contingencies associated with the ongoing pandemic.
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DATED: March 18, 2020.

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WOLF, RIFKIN, SHAPIRO,
SCHULMAN & RABKIN, LLP

MCGUIREWOODS LLP

By:
/s/ Don Springmeyer
Don Springmeyer - NSB 1021
Bradley S. Schrager - NSB 10217
3556 E. Russell Road, Second Floor
Las Vegas, Nevada 89120
Telephone: [phone]/Fax: [phone]

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

Kevin J. Stoops (admitted pro hac vice)
(Michigan SBN # P64371)
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, Michigan 48076
Telephone: [phone]
Facsimile: 248.936.2143
[e-mail]
Jason T. Brown (admitted pro hac vice)
(New Jersey SBN# 035921996)
Nicholas Conlon (admitted pro hac vice)
(New Jersey SBN# 034052013)
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, New Jersey 07310
Telephone: [phone]
[e-mail]
[e-mail]

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.

Attorneys for Plaintiffs MAUREEN CLARK
and SONYA ALEXANDER

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JOINT STATUS REPORT

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CERTIFICATE OF SERVICE
I hereby certify that on this 18th day of March, 2020, a true and correct copy of JOINT

3 STATUS REPORT REGARDING ANTICIPATED DATE FOR FILING OF MOTION FOR
4 PRELIMINARY APPROVAL OF SETTLEMENT was served via the United States District
5 Court CM/ECF system on all parties or persons requiring notice.
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/s/ Matthew C. Kane
MATTHEW C. KANE

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IT IS HEREBY ORDERED that additional time is granted.
IT IS FURTHER ORDERED that the Motion for Approval of Settlement
must be filed on or before April 15, 2020.

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IT IS FURTHER ORDERED that a telephonic status hearing is scheduled for
10:00 AM, April 29, 2020.

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The call-in telephone number is [phone], access code: 3912597. The
call must be made five minutes prior to the hearing time. The court will join
the call and convene the proceedings. To improve sound quality, the parties
should use a land line, at all possible. The use of a speaker phone during the
proceedings is prohibited.

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March 23, 2020

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JOINT STATUS REPORT