Sanchez v. Frito-Lay, Inc.

Filing 59

ORDER RE STIPULATION TO CONTINUE SCHEDULED HEARING ON MOTION FOR PRELIMINARY APPROVAL; Hearing on Plaintiffs Motion for Preliminary Approval of Class Action Settlement is set for 7/17/2018 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd, signed by Magistrate Judge Michael J. Seng on 10/17/2017. (Bernacchi, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ELIAZAR SANCHEZ, on behalf of himself and all others similarly situated, 12 13 14 15 Plaintiff, Case No. 1:14-cv-00797-DAD-MJS ORDER RE STIPULATION TO CONTINUE SCHEDULED HEARING ON MOTION FOR PRELIMINARY APPROVAL v. FRITO-LAY, INC, Hearing on Plaintiff’s Motion for Preliminary Approval of Class Action Settlement: July 17, 2018 at 9:30 a.m., in Courtroom 5 (DAD) Defendant. 16 17 18 Good cause appearing, the hearing on Plaintiff’s Motion for Preliminary Approval 19 of Class Action Settlement, currently set for January 12, 2018, is continued until July 17, 20 2018, at 9:30 a.m., in Courtroom 5, Fresno. Plaintiff shall file his Motion for Preliminary 21 Approval no later than twenty-eight (28) days prior to that hearing. 22 23 24 25 26 This continuance is granted: 1) to give Plaintiff an opportunity to thoroughly reexamine, reevaluate and, if and as necessary, renegotiate the proposed terms of settlement of the claims of the class; and, 2) to give Plaintiff one final opportunity to submit a Motion for Preliminary Approval of Class Action Settlement that complies with applicable law and rules and is supported by law, facts, evidence and logic, all of which 27 28 must be clearly, competently and persuasively presented to the Court in the Motion for -1- 1 Preliminary Approval. Another failure to present a proper such motion likely will result in 2 denial of class certification and leave Plaintiff with no option but to pursue the action 3 solely on his own behalf or dismiss it entirely. 4 5 IT IS SO ORDERED. 6 7 Dated: October 17, 2017 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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