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Garcia v. Autovest, LLC, 2:16-cv-00601-JAD-CWH. (2017)

Court: District Court, D. Nevada Number: infdco20170117a34 Visitors: 10
Filed: Jan. 12, 2017
Latest Update: Jan. 12, 2017
Summary: STIPULATION AND ORDER TO EXTEND TIME TO FILE JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT JENNIFER DORSEY , District Judge . Plaintiff Carlos Efrain Leonel Garcia ("Plaintiff"), nonparty Lorraine Belt ("Belt"), and defendant Autovest, L.L.C. ("Autovest") (collectively, the "Stipulating Parties"), by and through their undersigned counsel, hereby stipulate as follows: 1. On November 8, 2016, the parties filed a Stipulation and Order Staying Pending Motions and Setting Date to Su
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STIPULATION AND ORDER TO EXTEND TIME TO FILE JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT

Plaintiff Carlos Efrain Leonel Garcia ("Plaintiff"), nonparty Lorraine Belt ("Belt"), and defendant Autovest, L.L.C. ("Autovest") (collectively, the "Stipulating Parties"), by and through their undersigned counsel, hereby stipulate as follows:

1. On November 8, 2016, the parties filed a Stipulation and Order Staying Pending Motions and Setting Date to Submit Joint Motion Re Approval of Class Settlement. The stipulation stated that the parties have reached a class-wide settlement in principle and that a joint motion for approval of the settlement will be filed on or before December 16, 2016.

2. On November 14, 2016, the Court entered an Order denying all pending motions without prejudice and, consistent with the parties' stipulation, requiring the joint motion for preliminary approval of the settlement to be filed on or before December 16, 2016.

3. Pursuant to the Stipulating Parties' request, on December 15, 2016, the Court extended the deadline file the joint motion for approval of the settlement to January 13, 2017, in order to give Defendant additional time to review its records, to identify necessary class information and to review the settlement documents with its counsel, who was out of the office from December 23, 2016 through January 2, 2017.

4. On January 4, 2017, Defendant proposed several substantive revisions to the terms of the settlement agreement and class notice.

5. On January 10, 2017, Plaintiff and Belt agreed to most of the revisions, however, substantive disagreement remained on at least two remaining issues.

6. On January 12, 2017, the Stipulating Parties met and conferred by phone in attempt to solve those issues.

7. In light of the ongoing negotiations, the Stipulating Parties have agreed to further extend the deadline to file the joint motion for preliminary approval of the settlement from January 13, 2017 to January 31, 2017.

8. The extension is warranted because the Stipulating Parties have been engaged in good faith negotiations in an effort to finalize the settlement and have made substantial progress. The Stipulating Parties believe additional time to consider each side's respective positions as to the final remaining issues will be beneficial and increase the likelihood of reaching a final agreement.

9. This is the second stipulation for an extension of time relating to the joint motion for preliminary approval of the settlement.

For the reasons stated herein and pursuant to Local Rules IA 6-1, IA 6-2 and 7-1, the Stipulating Parties hereby agree that the parties' deadline to file the joint motion for preliminary approval of the class settlement is extended from January 13, 2017. to January 31, 2017.

IT IS SO ORDERED.

Source:  Leagle

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