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BOOTH v. STRATEGIC REALTY TRUST, INC., 13-CV-04921-JST. (2015)

Court: District Court, N.D. California Number: infdco20150420692 Visitors: 7
Filed: Apr. 17, 2015
Latest Update: Apr. 17, 2015
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT JON S. TIGAR , District Judge . Plaintiffs Stephen Drews and Lewis Booth (as Trustee for the Booth Trust dated 11-20-96) and all Defendants in this action—namely, Strategic Realty Trust, Inc. ("SRT"), Thompson National Properties, LLC ("TNP"), TNP Strategic Advisor, LLC ("TNP Advisor"), TNP Securities, LLC ("TNP Securities"), Anthony W. Thompson, Christopher S
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

Plaintiffs Stephen Drews and Lewis Booth (as Trustee for the Booth Trust dated 11-20-96) and all Defendants in this action—namely, Strategic Realty Trust, Inc. ("SRT"), Thompson National Properties, LLC ("TNP"), TNP Strategic Advisor, LLC ("TNP Advisor"), TNP Securities, LLC ("TNP Securities"), Anthony W. Thompson, Christopher S. Cameron, James R. Wolford, Jack R. Maurer, Phillip I. Levin, Arthur M. Friedman, Jeffrey S. Rogers, Robert N. Ruth, and Peter K. Kompaniez ("Defendants")—by and through their respective counsel, hereby stipulate, subject to the Court's approval, to continue the date of the hearing on Plaintiff's Motion for Preliminary Approval of Class Settlement from May 7, 2015 at 2:00 p.m., to May 14, 2015 at 2:00 p.m.:

WHEREAS, Plaintiffs filed the above-captioned putative class action against Defendants, asserting claims for violations of the federal Securities Act, breach of fiduciary duty, negligence and unjust enrichment;

WHEREAS, the parties reached an agreement on the terms of a proposed settlement on January 16, 2015, after a mediation and continued negotiations before the Honorable Edward Infante (Ret.);

WHEREAS, on March 27, 2015, Plaintiffs filed a Motion for Preliminary Approval of Class Action Settlement and noticed the hearing for May 7, 2015;

WHEREAS, Defendants filed a statement of non-opposition to Plaintiffs' Motion for Preliminary Approval of Class Settlement on April 8, 2015;

WHEREAS, Plaintiffs' lead counsel, Daniel C. Girard, was responsible for negotiating the terms of the settlement and preparing the moving papers in support of preliminary approval;

WHEREAS, Mr. Girard is also scheduled to argue a contested motion for class certification in a matter pending in the San Jose division of the Northern District of California on May 7, 2015 at 2:00 p.m.;

WHEREAS, counsel for the parties have conferred are available for the preliminary approval hearing in this matter on May 14, 2015 at 2:00 p.m.;

IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiffs and Defendants, and upon order by the Court that:

For the reason set forth above, the parties respectfully request that the May 7, 2015 hearing date on Plaintiffs' Motion for Preliminary Approval of Class Action Settlement be continued to May 14, 2015, subject to this Court's availability.

ECF CERTIFICATION

I, Daniel C. Girard, am the ECF User whose ID and Password are being used to file this Stipulation and [Proposed] Order to Continue Hearing on Plaintiffs' Motion for Preliminary Approval of Class Action Settlement. In compliance with Local Rule 5-1(i)(3), I hereby attest that all other signatories listed have concurred in this filing.

[PROPOSED] ORDER

The above Stipulation of the parties having been considered by the Court and good cause appearing therefore, the Court hereby orders that:

1. The May 7, 2015 hearing date on Plaintiff's Motion for Preliminary Approval of Class Action Settlement is continued to May 14, 2015 at 2:00 p.m.

PURUSANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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