Franco et al v. Ruiz Food Products, Inc.

Filing 46

JOINT STIPULATION AND ORDER Re: Final Approval of Class Action Settlement, Signed by Magistrate Judge Sheila K. Oberto on 8/20/2012. The parties' stipulation is approved and adopted by the Court with the following revision to the proposed final approval hearing date as set forth in Paragraph 4b: The further final approval hearing is set for November 14, 2012, at 9:30 a.m. in Courtroom 7 before Magistrate Judge Sheila K. Oberto. (Arellano, S.)

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SHEPHERD, FINKELMAN, MILLER & SHAH, LLP
Rose F. Luzon (SBN 221544)
401 West A Street, Suite 2350
San Diego, CA 92101
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]

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[Additional Counsel Appear on Signature Page]

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Attorneys for Plaintiffs and Proposed Class

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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PATRICIA FRANCO and LILIA CASTRO, Case No.: 1:10-cv-02354-AWI-SKO
on behalf of themselves and all others
similarly situated,
JOINT STIPULATION AND ORDER
RE: FINAL APPROVAL OF CLASS ACTION
Plaintiffs,
SETTLEMENT
vs.
RUIZ FOOD PRODUCTS, INC., and
DOES 1-50, inclusive,

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Defendants.

Crtrm.: 7
Judge: Hon. Sheila K. Oberto

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Pursuant to Civil L.R. 143, and as directed by the Court, Plaintiffs, Patricia Franco and

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Lilia Castro (“Plaintiffs”), and Defendant Ruiz Food Products, Inc. (“Defendant” or “Ruiz”)

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(collectively with Plaintiffs, the “Parties”), by and through their undersigned counsel, hereby

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agree and stipulate as follows:

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1.

On August 8, 2012, counsel for Defendant sent a letter to the Court, which

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addressed certain matters relating to the timing of final approval of the class action settlement

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reached between Plaintiffs and Defendant (“Settlement”).

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2.

In the letter, Defendant requested that the Court wait until November 5, 2012 to

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issue an order granting final approval of the Settlement, so as to allow Defendant to comply with

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28 U.S.C. § 1715, which requires Defendant to provide 90-days’ notice of the proposed class

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Settlement to the state and federal Attorneys General. Defendant provided such notice on

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August 7, 2012, and the 90-day notice period would run on November 5, 2012. On August 14,

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2012, pursuant to the Court’s Order of the same date, Defendant filed with the Court a proof of

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service of the notice sent pursuant to 28 U.S.C. § 1715.

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3.

On August 13, 2012, the Parties met and conferred regarding the subject matter of

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the August 8, 2012 letter. The Parties recognize that, as an unfortunate consequence of this

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development, the final approval decision will be delayed at least until November 5, 2012 and,

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thus, payment of Settlement proceeds to members of the Settlement Class will also be delayed.

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4.

In an effort to mitigate the impact of this delay to the Settlement Class, the Parties

reached agreement as follows:
a.

The Parties agree to consent to the jurisdiction of Your Honor and will file their

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respective Magistrate Consent Form within five (5) days of filing this Joint

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Stipulation.

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b.

The Parties agree to request that the Court set a further final approval hearing on

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November 5, 2012. By this date, as mentioned above, Defendant’s notice

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obligations under 28 U.S.C. § 1715 will be complete and final approval of the

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Settlement may be granted by the Court.

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c.

The Parties agree that Plaintiffs’ supplemental submission required by the Court’s

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Order of August 1, 2012 will be due by October 15, 2012, as opposed to August

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17, 2012. This will ensure that the record will be as full and complete as possible

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for the Court, in terms of both the time and resources devoted to this matter by

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Class Counsel and Plaintiffs, including additional time spent between now and

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October 15, 2012, so that the Court can properly consider and, if appropriate,

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grant final approval of the Settlement based upon the most complete and updated

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factual record possible.

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d.

Defendant agrees, within five (5) days of the Effective Date of the Settlement, as

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set forth in paragraphs 14(b) and 15 in the Joint Stipulation of Settlement and

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Release Between Plaintiffs and Defendant, to provide the Settlement proceeds to

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the Settlement Administrator for disbursement of the Settlement Class
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JOINT STIPULATION AND ORDER RE: FINAL
APPROVAL OF CLASS ACTION SETTLEMENT, 1:10CV-02354-AWI-SKO

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distributions, Class Representative Incentive Awards, California Private

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Attorneys General Act Allocation, Class Counsel Fees and Costs, and Settlement

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Administrator Costs. As a result of this agreement, if the Court grants final

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approval of the Settlement on or about November 5, 2012 (which the Parties will

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request), the Settlement Class would receive payment of the Settlement proceeds

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in mid-December, 2012, before the holidays and the end of the calendar year.

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5.

respectfully request the Court order the following:
a.

A further final approval hearing will be held on November 5, 2012 at a time
convenient to the Court; and

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Based thereon, and in accordance with the above agreements, the Parties

b.

Plaintiffs must make their Supplemental Submission supplying all information

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that the Court directed in its Order of August 1, 2012 by no later than October 15,

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2012.

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SO STIPULATED.

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Date: August 17, 2012

Respectfully Submitted,

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JACKSON LEWIS LLP

SHEPHERD, FINKELMAN, MILLER
& SHAH, LLP

/s/ Cynthia S. Sandoval
Cynthia S. Sandoval, Esquire
Hazel U. Poei, Esquire
Jackson Lewis LLP
5000 Birch Street, Suite 5000
Newport Beach, CA 92660
Telephone: [phone]
Facsimile: 949-885-1380
Email: [e-mail]
Email: [e-mail]

/s/ Rose F. Luzon___________________
Rose F. Luzon (SBN 221544)
401 West A Street, Suite 2350
San Diego, CA 92101
Phone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Mitchell F. Boomer, Esquire
199 Fremont Street, 10th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-394-9401
Email: [e-mail]

James E. Miller (SBN 262553)
Karen Leser-Grenon (SBN 231189)
Shepherd, Finkelman, Miller & Shah, LLP
65 Main Street
Chester, CT 06412
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
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JOINT STIPULATION AND ORDER RE: FINAL
APPROVAL OF CLASS ACTION SETTLEMENT, 1:10CV-02354-AWI-SKO

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Attorneys for Defendant
Ruiz Food Products, Inc.

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Philip A. Downey
Admitted Pro Hac Vice
The Downey Law Firm, LLC
P.O. Box 1021
Unionville, PA 19375
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Eric L. Young
Admitted Pro Hac Vice
Egan Young, Attorneys-at-Law
526 Township Line Road, Suite 100
Blue Bell, PA 19422
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs and the Proposed Class

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ORDER

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The parties’ stipulation is approved and adopted by the Court with the following revision
to the proposed final approval hearing date as set forth in Paragraph 4b:
The further final approval hearing is set for November 14, 2012, at 9:30 a.m. in
Courtroom 7 before Magistrate Judge Sheila K. Oberto.

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IT IS SO ORDERED.
Dated:

August 20, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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JOINT STIPULATION AND ORDER RE: FINAL
APPROVAL OF CLASS ACTION SETTLEMENT, 1:10CV-02354-AWI-SKO