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Labriola v. Bank of Am., Nat'l Ass'n

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Mar 22, 2013
CASE NO. 4:12-cv-00079-CW (N.D. Cal. Mar. 22, 2013)

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


Summaries of

Labriola v. Bank of Am., Nat'l Ass'n

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Mar 22, 2013
CASE NO. 4:12-cv-00079-CW (N.D. Cal. Mar. 22, 2013)
Case details for

Labriola v. Bank of Am., Nat'l Ass'n

Case Details

Full title:JOHN ROBERT LABRIOLA, on behalf of himself and those similarly situated…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Mar 22, 2013

Citations

CASE NO. 4:12-cv-00079-CW (N.D. Cal. Mar. 22, 2013)