Alvarado et al v. Nederend et al

Filing 55

STIPULATION and ORDER to continue deadlines and hearing for Final Approval of Class Settlement; Initial Scheduling Conference currently set for 4/8/2011 is moved to 6/2/2011 at 08:15 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, Motion Hearing currently set for 4/8/2011 is moved to 5/2/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, signed by Judge Oliver W. Wanger on 2/25/2011. (Kusamura, W)

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Stan S. Mallison (SBN 184191) Hector R. Martinez (SBN 206336) Marco A. Palau (SBN 242340) Jessica Juarez (SBN 269600) MALLISON & MARTINEZ 1939 Harrison Street, Ste. 730 Oakland, CA 94612 Telephone: [phone] Facsimile: 510.832.1101 [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiffs UNITED STATES FEDERAL DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

OCTAVIO ALVARADO, PABLO MARTINEZ, OMAR GOMEZ, DANIEL GOMEZ, JOSE DE JESUS GARCIA, on behalf of themselves and all other similarly situated individuals, PLAINTIFF, vs. REX NEDEREND AND SHERI NEDEREND (dba "Northstar Dairy," "Wildwood Farms," "Freeway Associates") DEFENDANTS.

No. 1:08-cv-01099-OWW-MJS STIPULATION AND ORDER REQUEST FOR ALTERED SCHEDULE FOR NOTICE AND FINAL APPROVAL OF CLASS SETTLEMENT

STIP. AND ORDER RE: SCHEDULE FOR FINAL APPROVAL U.S.D.C., E.D. CAL.,1:08-CV-01099-OWW-MJS

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The parties hereby stipulate and request an order altering the schedule for notice and final approval as follows: The parties have recently been informed that the notice materials were not timely mailed to class members pursuant to this court's January 27, 2011 order. The parties are working with the claims administrator Simpluris Inc. to cure this problem. However, the schedule that was previously approved by this court must be altered as it can no longer be achieved. Plaintiffs propose the following altered schedule for notice and final approval of the Settlement: Date 3/1/11 3/22/11 Event Settlement Administrator to mail Notice Packets to all Class Members Date for Settlement Administrator to contact Class Members who have not submitted Claim Forms to remind them of the of the upcoming deadline Last day for Class Members to comment on or object to Settlement (more than 30 days after mailing of Notice Packets), to mail valid Elections Not to Participate in Settlement, and to mail valid claims for Settlement Shares (more than 30 days after mailing of Notice Packets) Last day for Settlement Administrator to report to parties on Class Members who have elected not to participate in Settlement or who have submitted claims (7 days after the deadline for submission of Elections Not to Participate in Settlement and Claims Forms) Last day for Settlement Administrator to serve on the parties and file with the Court statement of due diligence in complying with its obligations under the settlement. Due date for motion for final approval of settlement and plaintiff's separate motion for class representative fee and class counsel's attorneys' fees and expenses Final approval hearing Initial Scheduling Conference

4/4/11

4/11/11

4/11/11

4/21/11

5/02/11 6/03/11

26 27 28 The above dates roughly tracks the original schedule but adds approximately four weeks to all dates.
STIP. AND ORDER RE: SCHEDULE FOR PREM. APPROVAL U.S.D.C., E.D. CAL.,1:08-CV-01099-OWW-MJS

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1 2 3 Dated: February 25, 2011 4 5 6 7 8 9 Dated: February 25, 2011 10 11 By: __/s/ Carl Samuel____________ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2STIP. AND ORDER RE: SCHEDULE FOR PREM. APPROVAL U.S.D.C., E.D. CAL.,1:08-CV-01099-OWW-MJS

SO STIPULATED: MALLISON & MARTINEZ

By: __/s/ Stan Mallison_______________ Stan S. Mallison Hector R. Martinez Marco A. Palau

Attorneys for Plaintiffs
SAMUEL AND SAMUEL

Attorneys for Defendants

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6/03/11 23 24 25 26 27 28 -3IT IS SO ORDERED. Dated: February 25, 2011. 5/02/11 4/21/11 4/11/11 4/11/11 4/4/11 3/22/11

ORDER
The Court having read and considered the stipulation and good cause appearing therefore, IT IS ORDERED: That the Court's January 27, 2011 order be amended. The new deadlines are as follows: Date 3/1/11 Event Settlement Administrator to mail Notice Packets to all Class Members Date for Settlement Administrator to contact Class Members who have not submitted Claim Forms to remind them of the of the upcoming deadline Last day for Class Members to comment on or object to Settlement (more than 30 days after mailing of Notice Packets), to mail valid Elections Not to Participate in Settlement, and to mail valid claims for Settlement Shares (more than 30 days after mailing of Notice Packets) Last day for Settlement Administrator to report to parties on Class Members who have elected not to participate in Settlement or who have submitted claims (7 days after the deadline for submission of Elections Not to Participate in Settlement and Claims Forms) Last day for Settlement Administrator to serve on the parties and file with the Court statement of due diligence in complying with its obligations under the settlement. Due date for motion for final approval of settlement and plaintiff's separate motion for class representative fee and class counsel's attorneys' fees and expenses Final approval hearing Initial Scheduling Conference

/s/ OLIVER W. WANGER United States District Judge

STIP. AND ORDER RE: SCHEDULE FOR PREM. APPROVAL U.S.D.C., E.D. CAL.,1:08-CV-01099-OWW-MJS

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