Opinion
CASE NO. 4:12-cv-00079-CW
03-22-2013
JOHN ROBERT LABRIOLA, on behalf of himself and those similarly situated, Plaintiff v. BANK OF AMERICA, NATIONAL ASSOCIATION; MERRILL LYNCH PIERCE FENNER & SMITH, INCORP.; BANK OF AMERICA CORPORATION; and Does 3-50, inclusive
QUADRA & COLL, LLP James A. Quadra (SBN 131084) Rebecca M. Coll (SBN 184468) Niall Vignoles (SBN 170937) Attorneys for Plaintiff JOHN ROBERT LaBRIOLA MCGUIREWOODS LLPP Matthew C. Kane, Esq. (SBN 171829) Michael D. Mandel, Esq. (SBN 216934) John A. Van Hook (SBN 205067) Christopher A. Killens (SBN 254466) Attorneys for Defendant MERRILL LYNCH, PIERCE, FENNER & SMITH, INCORPORATED
QUADRA & COLL, LLP
James A. Quadra (SBN 131084) Rebecca M. Coll (SBN 184468)
Niall Vignoles (SBN 170937)
Attorneys for Plaintiff
JOHN ROBERT LaBRIOLA
MCGUIREWOODS LLPP
Matthew C. Kane, Esq. (SBN 171829)
Michael D. Mandel, Esq. (SBN 216934)
John A. Van Hook (SBN 205067)
Christopher A. Killens (SBN 254466)
Attorneys for Defendant
MERRILL LYNCH, PIERCE, FENNER & SMITH,
INCORPORATED
JOINT STIPULATION TO CONTINUE
STATUS CONFERENCE STATEMENT
BASED ON SETTLEMENT; ORDER
Status Conference:
Date: March 28, 2013
Judge: Hon. Claudia Wilken
Plaintiff John LaBriola, on behalf of himself and all those similarly situated ("Plaintiff) and Defendant Merrill Lynch Pierce Fenner & Smith, Incorporated ("Defendant") (collectively, the "Parties) enter into this joint stipulation and request that the Court enter the proposed order set forth below.
RECITALS
A. WHEREAS, on October 12, 2012, the Parties engaged in an all-day mediation at JAMS with John Bates, Jr., and thereafter continued to engage in arms-length negotiations. On January 18, 2013, the parties reached agreement on the material settlement terms and informed the Court of the Parties' settlement. Based on the settlement, the Court approved the Parties' stipulation to vacate the pending litigation dates.
B. WHEREAS, since January 18, 2013, the Parties have been engaged in extensive, arms-length negotiations over the terms of a long-form Class Action Settlement Stipulation (the "Settlement Stipulation"). The Parties have finalized the Settlement Stipulation, and are in the process of having the Settlement Stipulation executed by the Parties and their respective counsel. The Settlement Stipulation is attached as Exhibit A to the Parties' concurrently-filed Joint Status Conference Statement.
C. WHEREAS, the Parties anticipate that, within 28 days, a motion for preliminary approval of the Settlement Stipulation will be filed with the Court. This 28-day time frame is based on the Settlement Stipulation stating that certain declarations will be provided to Plaintiff within 14 days of the execution of the Settlement Stipulation, and Plaintiff's expectation that he will be able to file a motion for preliminary approval with the Court within 14 days of receiving those declarations.
D. WHEREAS, there is a Status Conference scheduled in this case for March 28, 2013 at 2:00 p.m., before this Court. In light of the Parties' settlement, and in an effort to conserve judicial resources and to avoid unnecessary expenditures by the Parties, the Parties seek an Order continuing the Status Conference for thirty (30) days, or to a date thereafter that is convenient for this Court.
STIPULATION
NOW THEREFORE THE PARTIES STIPULATE:
1. The Status Conference in this matter, currently scheduled for March 28, 2013 at 2:00 p.m., will be continued for thirty (30) days, or to a date thereafter that is convenient for this Court.
2. If a motion for preliminary approval of the Parties' Settlement Stipulation has been filed prior to the continued date for the Status Conference, the Status Conference will be taken off calendar.
IT IS SO STIPULATED
McGUIREWOODS LLP
By: ____________________
MICHAEL D. MANDEL
JOHN A. VAN HOOK
Attorneys for Defendant
MERRILL LYNCH PIERCE FENNER &
SMITH, INCORPORATED
QUADRA & COLL LLP
By: ____________________
JAMES A. QUADRA
REBECCA COLL
NIALL VIGNOLES
Counsel for Plaintiff
JOHN ROBERT LaBRIOLA
ATTESTATION
I, John A. Van Hook, attest that concurrence in the filing of this document has been obtained from each of the above signatories.
McGUIREWOODS LLP
By: ____________________
JOHN A. VAN HOOK
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Based on the above Stipulation, and finding good cause in support of the Stipulation, IT IS SO ORDERED. The Status Conference, currently scheduled for March 28, 2013 at 2:00 p.m. will be continued to Thursday, May 2,2013 , at 2:00 p.m. If a motion for preliminary approval has been filed prior to that date, the Status Conference will be taken off calendar.
________________________
HON. CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE