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GRAVES v. SOUTHWESTERN & PACIFIC SPECIALTY FINANCE, INC., 12-cv-05797-SBA (2014)

Court: District Court, N.D. California Number: infdco20140529d03 Visitors: 11
Filed: May 28, 2014
Latest Update: May 28, 2014
Summary: STIPULATION AND ORDER STAYING CASE PENDING JULY 29, 2014 SETTLEMENT CONFERENCE SAUNDRA BROWN ARMSTRONG, District Judge. Plaintiffs Bill Graves, Minerva Lopez, Khampha Khamvongsa, Kerry Miles, and Karen Garza ("Plaintiffs) and Defendant Southwestern & Pacific Specialty Finance, Inc. ("Southwestern") (collectively, the "parties"), by and through their undersigned counsel, enter into the following Stipulation: WHEREAS, on February 19, 2014, following a Case Management Conference, the Court issue
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STIPULATION AND ORDER STAYING CASE PENDING JULY 29, 2014 SETTLEMENT CONFERENCE

SAUNDRA BROWN ARMSTRONG, District Judge.

Plaintiffs Bill Graves, Minerva Lopez, Khampha Khamvongsa, Kerry Miles, and Karen Garza ("Plaintiffs) and Defendant Southwestern & Pacific Specialty Finance, Inc. ("Southwestern") (collectively, the "parties"), by and through their undersigned counsel, enter into the following Stipulation:

WHEREAS, on February 19, 2014, following a Case Management Conference, the Court issued an Order for Pretrial Preparation. [ECF No. 48];

WHEREAS, at the February 19, 2014 Case Management Conference and in the Order for Pretrial Preparation, the Court set forth a pretrial schedule that includes the following pretrial deadlines: filing Plaintiffs' Motion for Class Certification by July 1, 2014 and completing fact discovery by January 27, 2015. [ECF Nos. 47, 48];

WHEREAS, following the February 19, 2014 Case Management Conference, the Court referred the case to the Honorable Jacqueline Scott Corley for settlement purposes;

WHEREAS, Magistrate Judge Corley held a teleconference with counsel for the Parties on February 26, 2014, at which Magistrate Judge Corley and the Parties agreed that meaningful settlement discussions could not occur until the Court ruled on Southwestern's motion to compel arbitration in the related case, Bernal v. Southwestern & Pacific Specialty Finance, Inc., Case No. 12-cv-05797-SBA. Magistrate Judge Corley ordered Defendant to notify her when the Court ruled in the Bernal case. [ECF No. 49, ¶ 8];

WHEREAS, on May 7, 2014, the Court ruled on the arbitration motion in Bernal. [Bernal, ECF No. 68];

WHEREAS, Defendant's counsel then notified Magistrate Judge Corley of the decision in Bernal, and Judge Corley held two teleconferences with the Parties' counsel (on May 20 and 22, 2014) to discuss settlement. [ECF Nos. 58, 60];

WHEREAS, the Parties agreed to conduct a settlement conference with Magistrate Judge Corley to discuss settling Plaintiffs' claims in this matter and Plaintiff Bernal's claims in Bernal;

WHEREAS, Magistrate Judge Corley has set a settlement conference to be held on July 29, 2014 [ECF No. 60];

WHEREAS, an Order granting the scheduling adjustment stipulated to herein will promote judicial economy and efficiency for the Court and the parties;

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE to an Order of the Court as follows:

The case is stayed pending the July 29, 2014 settlement conference. Specifically, all pending discovery is stayed, and the parties shall not propound or notice any additional discovery until after the July 29, 2014 settlement conference. The deadline for filing the Motion for Class Certification is vacated. If the case does not settle on July 29, 2014, then by August 1, 2014 the parties shall file a joint status statement with the Court, proposing a revised schedule including a revised class certification motion and briefing schedule.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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