Jerome Davis v. Brown Group Retail, Inc., et al

Filing 51

STIPULATION and ORDER Postponing Hearing and Filing Deadlines on Plaintiffs' Motion for Class Certification and Notice of Proposed Settlement (Doc. 50 ), Signed by Magistrate Judge Barbara A. McAuliffe on 1/15/2015. Defendants Opposition to Cl ass Certification: Deadline extended from 1/26/2015 to 4/20/2015. Plaintiffs Reply in Support of Class Certification: Deadline extended from 2/6/2015 to 5/1/2015. Court Hearing on Class Certification: Hearing continued from 2/13/2015 to 5/8/2015 at 09:00 AM in Courtroom 8 before Magistrate Judge Barbara A. McAuliffe. (Arellano, S.)

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JEFFER MANGELS BUTLER & MITCHELL LLP
MICHAEL J. HASSEN (Bar No. 124823)
AN NGUYEN RUDA (Bar No. 215453)
Two Embarcadero Center, Fifth Floor
San Francisco, California 94111-3813
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant BROWN GROUP RETAIL, INC., a
Pennsylvania corporation, d/b/a Famous Footwear, erroneously
sued as BROWN SHOE COMPANY, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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JEROME DAVIS and PRISCILLA
HUMPHREY, individually and on behalf of
others similarly situated,

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Plaintiffs,

CASE NO.

1:13-cv-01211-LJO-BAM

STIPULATION POSTPONING HEARING AND
FILING DEADLINES ON PLAINTIFFS’ MOTION
FOR CLASS CERTIFICATION AND NOTICE OF
PROPOSED SETTLEMENT; ORDER

v.
BROWN SHOE COMPANY, INC., a New
York corporation doing business as Famous
Footwear; MIKE WEST, an individual; and
DOES 1 through 100, inclusive,

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Defendants.

DATE:
TIME:
CTRM:
JUDGE:

February 13, 2015
9:00 a.m.
8
Hon. Barbara A. McAuliffe

Complaint Filed: June 4, 2013
Removed:
August 2, 2013

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Plaintiffs JEROME DAVIS and PRISCILLA HUMPHREY and Defendant BROWN

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GROUP RETAIL, INC., a Pennsylvania corporation, d/b/a Famous Footwear, erroneously sued as

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BROWN SHOE COMPANY, INC., by and through their counsel of record, hereby stipulate and

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agree as follows:

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WHEREAS the parties have participated in a mediation and have reached a preliminary

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agreement on the most significant terms of a proposed settlement, including the total dollar amounts

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to be paid to the class and to the claims administrator, and the amounts to be sought in incentive

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awards and attorney fees and costs, to which Defendant will not object;

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STIPULATION POSTPONING HRG AND FILING DEADLINES RE MTN FOR CLASS CERTIFICATION

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WHEREAS the parties have almost finalized the terms of the proposed settlement and will
thereafter seek the Court’s preliminary and then final approval of the proposed settlement;
WHEREAS a hearing on Plaintiffs’ motion for class certification is set for February 13,

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2015, and Defendant’s opposition thereto is due on January 26, 2015 with Plaintiffs’ reply due on

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February 6, 2015; and

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WHEREAS the parties desire to continue all dates associated with the pending motion for

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class certification in order to allow them time to finalize the proposed settlement and seek court

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approval thereon.

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IT IS HEREBY STIPULATED AND AGREED that the following dates associated with

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Plaintiffs’ motion for class certification be continued for a period of 12 weeks as follows:

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Event

Current Date

Proposed New Date

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Defendant’s Opposition to Class Certification

01/26/2015

April 20, 2015

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Plaintiffs’ Reply in Support of Class Certification

02/06/2015

May 1, 2015

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Court Hearing on Class Certification

02/13/2015

May 8, 2015

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DATED: January 15, 2015

CAPSTONE LAW APC

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By: /s/ Melissa Grant
RAUL PEREZ
MELISSA GRANT
Attorneys for Plaintiffs JEROME DAVIS and
PRISCILLA HUMPHREY

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DATED: January 15, 2015

JEFFER MANGELS BUTLER & MITCHELL LLP

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By: /s/ Michael J. Hassen
MICHAEL J. HASSEN
AN NGUYEN RUDA
Attorneys for Defendant BROWN GROUP RETAIL,
INC., a Pennsylvania corporation, d/b/a Famous
Footwear, erroneously sued as BROWN SHOE
COMPANY, INC.

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ORDER

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THE COURT, having reviewed the above Stipulation Postponing Hearing and Filing

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Deadlines on Plaintiffs’ Motion for Class Certification Pending Consummation of Settlement, and

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good cause having been shown,

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IT IS HEREBY ORDERED that the following dates associated with Plaintiffs’ Motion for
Class Certification are continued as follows:

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Event

New Date

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Defendant’s Opposition to Class Certification:

April 20, 2015

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Plaintiffs’ Reply in Support of Class Certification:

May 1, 2015

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Hearing on Plaintiffs’ Motion for Class Certification:

May 8, 2015
Time: 9:00 AM
Dept.: 8 (BAM)

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In addition, the Court sets a Status Conference for March 30, 2015 at 9:00 a.m. At the Status
Conference, the parties shall inform the Court as to the status of settlement and whether they
anticipate dates for preliminary approval of the settlement should be set. Counsel may appear at the
conference by telephone. Three Court days before the hearing, the parties shall file a joint status
report, limited to 2 pages, addressing these issues.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

January 15, 2015

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UNITED STATES MAGISTRATE JUDGE

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A. McAuliffe

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