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O'Donovan v. Cashcall, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Jan 3, 2012
Case No. C 08-03174 MEJ (N.D. Cal. Jan. 3, 2012)

Opinion

Case No. C 08-03174 MEJ

01-03-2012

KRISTA O'DONOVAN, EDUARDO DE LA TORRE, and LORI SAYSOURIVING, individually and on behalf of all others similarly situated, Plaintiff, v. CASHCALL, INC., a California corporation, and DOES 1 through DOE 50, inclusive, Defendants.

JAMES C. STURDEVANT (SBN 94551) The stuRDevant law firM WHITNEY STARK (SBN 234863) RUKIN HYLAND DORIA & TINDALL LLP ARTHUR D. LEVY (SBN 95659) LAW OFFICE OF ARTHUR D. LEVY Attorneys for Plaintiffs and Counterdefendants Krista O'Donovan, Eduardo de la Torre, and Lori Saysourivong BRAD W. SEILING (SBN 143515) NOEL S. COHEN (SBN 219645) LYDIA M. MENDOZA (SBN 247916) Manatt, Phelps & Phillips, LLP Attorneys for Defendant and Counterclaimant CashCall, Inc.


JAMES C. STURDEVANT (SBN 94551)

The stuRDevant law firM

WHITNEY STARK (SBN 234863)

RUKIN HYLAND DORIA & TINDALL LLP

ARTHUR D. LEVY (SBN 95659)

LAW OFFICE OF ARTHUR D. LEVY

Attorneys for Plaintiffs and Counterdefendants

Krista O'Donovan, Eduardo de la Torre,

and Lori Saysourivong

BRAD W. SEILING (SBN 143515)

NOEL S. COHEN (SBN 219645)

LYDIA M. MENDOZA (SBN 247916)

Manatt, Phelps & Phillips, LLP

Attorneys for Defendant and Counterclaimant

CashCall, Inc.

STIPULATION AND PROPOSED ORDER

CONTINUING CASE MANAGEMENT

CONFERENCE AND ADR COMPLIANCE

DATE


CMC Date: Jan. 19, 2012

Time: 10:00 a.m.

The parties, through their respective counsel, stipulate and jointly request the Court to order as follows with respect to the following facts:

FACTS

1. On November 15, 2011, the Court issued its Order Granting in Part and Denying in Part Plaintiffs' Motion for Class Certification.

2. On November 28, 2011, CashCall filed a Petition with the Ninth Circuit Court of Appeals for permission to appeal the Order pursuant to Federal Rule 23(f). Plaintiffs have opposed the petition. The Ninth Circuit has not yet ruled on the petition.

3. A Case Management Conference is scheduled for 10:00 a.m. on January 19, 2012, with a Joint Case Management Conference Statement due to be filed by January 5, 2012.

4. The deadline for completing mediation in this case under the Court's Mandatory ADR Program is January 13, 2012.

5. The parties have met and conferred regarding case management and notice issues in anticipation of the Case Management Conference set for January 19, 2012.

6. To enable the parties to more fully and productively meet and confer on case management and notice issues, the parties believe it is advisable to continue the Case Management Conference for four weeks. This continuance will enable the parties to exchange information and views and engage in a more meaningful meet and confer process before preparing the Joint Case Management Conference Statement, particularly in light of the impending holiday breaks.

7. The parties also believe it is advisable to continue the date for completing mediation under the Mandatory ADR program in light of claims certified by the Court, the pending Rule 23(f) petition, and CashCall's anticipated motion for summary judgment. Counsel have conferred with the mediator, Mr. Sharp, who agrees with this request.

8. The parties therefore stipulate as follows and request the parties to so order:

STIPULATION

1. The Case Management Conference set for 10:00 a.m. on January 19, 2012 shall be continued for our weeks until 10:00 a.m. on February 16, 2012.

2. The Joint Case Management Conference Statement due to be filed by January 5, 2012 shall be filed no later than February 2, 2012.

3. The date for completing the mediation under the Court ADR Program is vacated and shall be reconsidered at the Case Management Conference.

_________________________

Attorneys for Plaintiffs and Counterdefendants

Krista O'Donovan, Eduardo de la Torre, and Lori

Saysourivong

_________________________

Attorneys for Defendant and Counterclaimant

CashCall, Inc.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

_________________________

HONORABLE MARIA-ELENA JAMES

United States District/Magistrate Judge


Summaries of

O'Donovan v. Cashcall, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Jan 3, 2012
Case No. C 08-03174 MEJ (N.D. Cal. Jan. 3, 2012)
Case details for

O'Donovan v. Cashcall, Inc.

Case Details

Full title:KRISTA O'DONOVAN, EDUARDO DE LA TORRE, and LORI SAYSOURIVING,…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Jan 3, 2012

Citations

Case No. C 08-03174 MEJ (N.D. Cal. Jan. 3, 2012)