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Cabiness v. Educational Financial Solutions, LLC, 3:16-cv-1109-JST. (2017)

Court: District Court, N.D. California Number: infdco20170815g01 Visitors: 9
Filed: Aug. 11, 2017
Latest Update: Aug. 11, 2017
Summary: CLASS ACTION STIPULATION AND [PROPOSED] ORDER CONTINUING AUGUST 23, 2017 CASE MANAGEMENT CONFERENCE JON S. TIGAR , District Judge . COMES NOW THE PARTIES TO THE ABOVE-REFERENCED ACTION AND RECITE AND STIPULATE AS FOLLOWS: WHEREAS, on June 5, 2017, the Parties attended private mediation in this matter with the Honorable Judge Peter D. Lichtman (Ret.) at JAMS; WHEREAS, the Parties executed a Memorandum of Understanding at mediation to resolve this matter based off of certain class statis
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CLASS ACTION

STIPULATION AND [PROPOSED] ORDER CONTINUING AUGUST 23, 2017 CASE MANAGEMENT CONFERENCE

COMES NOW THE PARTIES TO THE ABOVE-REFERENCED ACTION AND RECITE AND STIPULATE AS FOLLOWS:

WHEREAS, on June 5, 2017, the Parties attended private mediation in this matter with the Honorable Judge Peter D. Lichtman (Ret.) at JAMS;

WHEREAS, the Parties executed a Memorandum of Understanding at mediation to resolve this matter based off of certain class statistical data;

WHEREAS, due to the need to confirm putative class related statistical data requiring technical consultation as to the size of the putative class, the Parties are still working to finalize the resolution of this matter to conclude their settlement;

WHEREAS, the Parties have been diligently working to resolve these technical issues, and the attorneys for the Parties have been communicating with each other several times a week during much of the last two (2) months to address the few remaining issues to resolve this matter;

WHEREAS, despite their best efforts, the Parties require additional time in order to confirm the putative class size to complete the process of resolving this matter;

WHEREAS, the Court previously set a deadline of August 21, 2017 for Plaintiff to file her Motion for Preliminary Approval of Settlement;

WHEREAS, the Court set a Case Management Conference for August 23, 2017 to be vacated should Plaintiff file her Motion for Preliminary Approval by the August 21, 2017 deadline;

WHEREAS, the Parties agree and believe that a 45-day continuance for Plaintiff to file her Motion for Preliminary Approval of Settlement and a 45-day continuance of the Case Management Conference (should such a conference be necessary) will be a sufficient amount of time for the Parties to complete the additional work necessary to resolve these pending issues (which time frame also considers the intervening Jewish holidays in September that will impact some of the attorneys' schedules next month); and

WHEREAS, the Parties have not previously requested that the Court continue any dates or deadlines with respect to this Motion or Case Management Conference.

NOW THEREFORE THE PARTIES STIPULATE AND AGREE AS FOLLOWS:

1. The deadline for Plaintiff to file her Motion for Preliminary Approval of Settlement shall be continued for 45 days to October 5, 2017; 2. The August 23, 2017 Case Management Conference shall be taken off calendar, and rescheduled 45 days later to October 11, 2017, at 2:00 p.m., or on another date that is convenient for the Court; 3. The continued Case Management Conference shall be vacated if the Motion for Preliminary Approval of Settlement is filed by October 5, 2017; and 4. The case continues to be stayed for all other purposes. IN

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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