Gunter v. United Federal Credit Union et al

Filing 150

ORDER granting ECF No. 149 Stipulation Amending Effective Date of Settlement Agreement. Signed by Judge Miranda M. Du on 6/11/2019. (Copies have been distributed pursuant to the NEF - LH)

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GREGORY G. GORDON, LTD
Gregory G. Gordon, State Bar No. 5334
[e-mail]
871 Coronado Center Drive, Suite 200
Henderson, Nevada 89052
Ph: [phone]

HOWARD & HOWARD
ATTORNEYS, PLLC
Brandon J. Wilson, Pro Hac Vice
450 West Fourth Street
Royal Oak, Michigan 48067
Ph: [phone]
E-mail: [e-mail]

McCUNE WRIGHT AREVALO LLP
Richard D. McCune, Pro Hac Vice
[e-mail]
Jae (Eddie) K. Kim, Pro Hac Vice
[e-mail]
2068 Orange Tree Lane, Suite 216
Redlands, California 92374
Ph: [phone]
E-mail: [e-mail]

James A. Kohl, Nevada Bar No. 5692
Robert Hernquist, Nevada Bar No. 10616
3800 Howard Hughes Pkwy., Suite 1000
Las Vegas, Nevada 89169
Ph: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Defendant United Federal
Credit Union

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HOWARD & HOWARD ATTORNEYS PLLC

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THE KICK LAW FIRM, APC
Taras Kick, Pro Hac Vice
[e-mail]
James Strenio, Pro Hac Vice
201 Wilshire Boulevard
Santa Monica, California 90401
Ph: [phone]
Attorneys for Plaintiff Tonya Gunter and
the Class

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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TONYA GUNTER, individually, and on behalf
of all others similarly situated,

Judge Miranda M. Du
Plaintiff,

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Case No.: 3:15-cv-00483-MMD-WGC

v.
UNITED FEDERAL CREDIT UNION, DOES
1-5 inclusive and ROE CORPORATIONS 6-10
inclusive,
Defendants.

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STIPULATION AND [PROPOSED]
ORDER AMENDING EFFECTIVE
DATE OF SETTLEMENT
AGREEMENT

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STIPULATION AND [PROPOSED] ORDER
AMENDING EFFECTIVE DATE OF SETTLEMENT AGREEMENT

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Plaintiff Tonya Gunter (“Gunter”) and Defendant United Federal Credit Union (“United”)

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(United and Gunter are collectively referred to as “the Parties”) by and through their respective
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counsel of record, stipulate for the Court to enter an Order amending the Effective Date of the
Parties’ Settlement Agreement.
On February 5, 2019, the Parties’ entered into a Settlement Agreement and Release to
resolve the claims in this case. See ECF No. 134-6. In case of an objection (an objection was

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filed but overruled), the Settlement Agreement defines the “Effective Date” as that date which is,

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“ninety (90) days after entry of the Final Approval Order, if no appeals are taken from the Final

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HOWARD & HOWARD ATTORNEYS PLLC

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Approval Order; or (2) if appeals are taken from the Final Approval Order, then thirty (30) days

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after an Appellate Court ruling affirming the Final Approval Order; or (3) Thirty (30) days after

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entry of a dismissal of the appeal.” Id. at p. 3. (emphasis added).

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On June 4, 2019, the Court entered an Order Granting Final Approval of Class Action

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Settlement. ECF No. 148]. Pursuant to the Settlement Agreement, Defendant is required to make

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payments to Class Members within ten (10) days of the Effective Date, i.e. on or before September

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12, 2019. Defendant desires to make payment to Class Members prior to September 12, 2019,
The effect of this amendment is that Class Members will receive the settlement funds already
approved by this Court sixty days sooner, which is beneficial to Class Members.
Therefore, the Parties stipulate and agree to amend the definition of the term “Effective
Date” as used in the Settlement Agreement as the later of, “thirty (30) days after entry of the Final

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Approval Order, in accordance with Section 8(d)(iv), if no appeals are taken from the Final
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Approval Order; or (2) if appeals are taken from the Final Approval Order, then thirty (30) days
after an Appellate Court ruling affirming the Final Approval Order; or (3) Thirty (30) days after
entry of a dismissal of the appeal.” All other provisions of the Settlement Agreement shall remain
unchanged.
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Agreed:
Dated: June 11, 2019
MCCUNE WRIGHT AREVALO, LLP

HOWARD & HOWARD ATTORNEYS, PLLC

By: /s/ Richard D. McCune
Richard D. McCune

By: /s/ Brandon J. Wilson
Brandon J. Wilson

Attorneys for Plaintiff

Attorneys for Defendant

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IT IS SO ORDERED:

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HOWARD & HOWARD ATTORNEYS PLLC

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Reno, Nevada, June 11

, 2019
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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