Opinion
Case No. CV 10-03125 CW
11-02-2011
CURTIS BERRIEN; ROSE HUERTA; TINA MUSHARBASH; FERN PROSNITZ; MICHAEL ANDLER; MARCUS BONESS; TIMOTHY BONNELL; RICHARD BUFORD; ELAINE CEFOLA; KENNETH DAVIS; JEROME GAROUTTE, on behalf of themselves and all others similarly situated, Plaintiffs, v. NEW RAINTREE RESORTS INTERNATIONAL, LLC; RVC MEMBERS, LLC; DOUGLAS Y. BECH Defendants.
Jonathan K. Levine (State Bar No. 220289) Elizabeth C. Pritzker (State Bar No. 146267) Todd Espinosa (State Bar No. 209591) GIRARD GIBBS LLP Class Counsel and Attorneys for Individual and Representative Plaintiffs Curtis Berrien, Rose Huerta, Tina Musharbash, Fern Prosnitz, Michael Andler, Marcus Boness, Timothy Bonnell, Richard Buford, Elaine Cefola, Kenneth Davis and Jerome Garoutte
Jonathan K. Levine (State Bar No. 220289)
Elizabeth C. Pritzker (State Bar No. 146267)
Todd Espinosa (State Bar No. 209591)
GIRARD GIBBS LLP
Class Counsel and Attorneys for Individual and
Representative Plaintiffs Curtis Berrien, Rose Huerta,
Tina Musharbash, Fern Prosnitz, Michael Andler,
Marcus Boness, Timothy Bonnell, Richard Buford,
Elaine Cefola, Kenneth Davis and Jerome Garoutte
STATUS REPORT REGARDING SETTLEMENT AND [PROPOSED] ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY APPROVAL MOTION
CLASS ACTION
In accordance with the Court's September 29, 2011 order, Plaintiffs and Class Representatives Curtis Berrien, Rose Huerta, Tina Musharbash, Fern Prosnitz, Michael Andler, Marcus Boness, Timothy Bonnell, Richard Buford, Elaine Cefola, Kenneth Davis and Jerome Garoutte ("Plaintiffs") and Defendants New Raintree Resorts International, LLC, RVC Members, LLC and Douglas Y. Bech ("Defendants") respectfully submit this report regarding the status of their proposed settlement of this action and formal settlement documentation and proposed briefing and hearing dates regarding a motion for preliminary settlement approval. See Dkt. No. 78.
Counsel for the Parties are continuing to make progress towards settlement and are currently drafting a formal settlement agreement, a proposed notice to the settlement class pursuant to Rule 23(e)(1) of the Federal Rules of Civil Procedure and notice to government authorities pursuant to 28 U.S.C. § 1715(b). The Parties and their counsel expect to reach final agreement on such documentation in the next several weeks. Plaintiffs plan thereafter to make a motion for preliminary settlement approval to the Court, which Defendants will not oppose.
The Parties propose that Plaintiffs file their unopposed motion for preliminary settlement approval no later than November 15, 2011 and that the motion be heard by the Court on November 29, 2011. The Court has scheduled a case management conference for November 29, 2011. See Dkt. No. 78.
Respectfully submitted,
GIRARD GIBBS LLP
Jonathan K. Levine
Elizabeth C. Pritzker
Todd Espinosa
Class Counsel and Attorneys for Individual and
Representative Plaintiffs Curtis Berrien, Rose Huerta,
Tina Musharbash, Fern Prosnitz, Michael Andler, Marcus
Boness, Timothy Bonnell, Richard Buford, Elaine Cefola,
Kenneth Davis and Jerome Garoutte
LOOPER REED & MCGRAW P.C.
James J. Ormiston
Daryl M. Crone
Gerald E. Hawxhurst
CRONE HAWXHURST LLP
Attorneys for Defendants New Raintree Resorts
International, LLC, RVC Members, LLC and Douglas Y. Bech
[PROPOSED] ORDER
Plaintiffs shall file their unopposed motion for preliminary settlement approval and supporting documentation, including a proposed notice to the settlement class, no later than November 15, 2011. The motion shall be heard on November 29, 2011 at 2:00 p.m. The motion shall propose a schedule agreed upon by the Parties for providing notice of the proposed settlement to the settlement class and for briefing and hearing on a motion for final settlement approval pursuant to Rule 23(e) of the Federal Rules of Civil Procedure, if the proposed settlement is preliminarily approved by the Court. No case management statement need be filed by the Parties.
IT IS SO ORDERED.
__________________________________
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
I, Jonathan K. Levine, hereby certify that on October 26, 2011, I filed the following document(s):
STATUS REPORT REGARDING SETTLEMENT AND [PROPOSED] ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR PRELIMINARY APPROVAL MOTION
By ECF (Electronic Case Filing): I e-filed the above-detailed document utilizing the United States District Court, Northern District of California's mandated ECF service on October 26, 2011. Counsel of record are required by the Court to be registered e-filers, and as such are automatically e-served with a copy of the document(s) upon confirmation of e-filing.
I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, CA on October 26, 2011.
Jonathan K. Levine