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BROOKS v. U.S. BANK, N.A., C12-4935 EMC (JSC). (2013)

Court: District Court, N.D. California Number: infdco20131217990 Visitors: 8
Filed: Dec. 16, 2013
Latest Update: Dec. 16, 2013
Summary: STIPULATION REGARDING FILING OF PRELIMINARY APPROVAL MOTION; [PROPOSED] ORDER EDWARD M. CHEN, District Judge. Plaintiffs CYNTHIA BROOKS and JACOB SWOYER (collectively "Plaintiffs") and Defendant U.S. BANK, N.A. ("Defendant") (collectively "Parties") hereby stipulate as follows: WHEREAS, on September 23, 2013, the Parties informed the Court that they expected to enter into a written settlement agreement and would submit a motion for preliminary approval of that settlement, and therefore reque
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STIPULATION REGARDING FILING OF PRELIMINARY APPROVAL MOTION; [PROPOSED] ORDER

EDWARD M. CHEN, District Judge.

Plaintiffs CYNTHIA BROOKS and JACOB SWOYER (collectively "Plaintiffs") and Defendant U.S. BANK, N.A. ("Defendant") (collectively "Parties") hereby stipulate as follows:

WHEREAS, on September 23, 2013, the Parties informed the Court that they expected to enter into a written settlement agreement and would submit a motion for preliminary approval of that settlement, and therefore requested that certain case deadlines be continued and/or stayed (Dkt. 40);

WHEREAS, the Parties continue to work toward finalizing a written settlement, and believe they are very close to the final form of an agreement, which they will submit for preliminary approval with the Court;

WHEREAS, Defendant's counsel has informed Plaintiffs' counsel that a further draft will be exchanged by close of business on December 16, 2013;

WHEREAS, the Court has previously set a filing date for the preliminary approval motion of December 12, 2013 and a hearing date of February 6, 2014 at 1:30 p.m.;

WHEREAS, the Parties agree that the filing date of December 12, 2013 is not feasible, and jointly request that the filing date be changed to December 19, 2013;

WHEREAS, a filing date of December 19, 2013, is still more than 35 days prior to the hearing date of February 6, 2014;

NOW, THEREFORE, the Parties hereby stipulate to and request an Order setting forth the following:

1. Plaintiffs will file a Motion for Preliminary Approval of the proposed settlement no later than December 19, 2013; and

2. There will be no change in the scheduled hearing date for Plaintiffs' Motion for Preliminary Approval, set for February 6, 2014.

ORDER

PURSUANT TO STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

Source:  Leagle

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