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Burrows v. Combined Insurance Company of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 5, 2010

KIMBERLY BURROWS, KURT BRUNNER, AND SUSANNE TOWNSEND, INDIVIDUALLY, AND ON BEHALF OF OTHER MEMBERS OF THE GENERAL PUBLIC SIMILARLY SITUATED, PLAINTIFF,
v.
COMBINED INSURANCE COMPANY OF AMERICA, AN ILLINOIS CORPORATION; AON SERVICE CORPORATION, AN ILLINOIS CORPORATION, DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Judge

JOINT STIPULATION AND ORDER VACATING HEARING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND VACATING DEADLINE FOR FILING DISPOSITIVE MOTIONS DUE TO SETTLEMENT

THIS STIPULATION is hereby entered into by Plaintiffs Kimberly Burrows, Kurt Brunner and Sue Townsend ("Plaintiffs") and Defendants Combined Insurance Company of America, and AON Service Corporation ("Defendants"), (Plaintiffs and Defendants are collectively referred to as the "Parties") by and through their respective counsel of record.

WHEREAS, Plaintiffs' motion for class certification is pending, with a hearing date of April 21, 2010;

WHEREAS, per the Court's November 24, 2009 Order (Document No. 30) the deadline for filing any dispositive motion is May 19, 2010 (with a hearing date of June 16, 2010);

WHEREAS, the Parties have agreed to settle this matter on a class-wide basis and have executed a Memorandum of Understanding ("MOU") memorializing the key terms of their settlement;

WHEREAS, Plaintiffs' counsel is in the process of drafting a Joint Stipulation of Settlement and Release along with a motion for preliminary approval of the class settlement;

WHEREAS, the Parties feel it is in the best interest of the Parties and class members, as well as in the interest of judicial economy to avoid further litigation now that the Parties have reached agreement on a settlement;

THEREFORE, THE PARTIES HEREBY STIPULATE to an Order by the Court vacating the hearing on Plaintiffs' pending motion for class certification and vacating the deadline for filing a dispositive motion as follows:

· The hearing on Plaintiffs' Motion for Class Certification is vacated; and

· The deadlines for filing dispositive motions (previously set for May 19, 2010) and for hearing such motions (previously set for June 16, 2010) are vacated.

20100405

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