Charles W. Cooley v. Indian River Transport Co.

Filing 74

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 2/12/19 MODIFYING the 71 Order as follows: Defendant will pay 30% of the settlement amount ($420,000) within 10 days. Defendant will pay the remaining 70% of the settlement amount ($980,000) by 9/15/19. Any portion of the settlement amount that is not paid within 10 days will accrue simple interest at an annual rate of 10%. The interest accrued on the settlement amount will be due by 9/15/19. If Defendant misses any payment of the settlement amount as set forth above, the total outstanding settlement amount will be due immediately and Plaintiffs may request judgment be entered against Defendant. (Coll, A)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AASHISH Y. DESAI, Bar No. 187394 aasgusg@desai-law.com ADRIANNE DE CASTRO, Bar No. 238930 Adrianne@desai-law.com DESAI LAW FIRM, P.C. 3200 Bristol Street, Suite 650 Costa Mesa, CA 92626 Phone: (949) 614-5830 Fax: (949) 271-4190 Attorneys for Plaintiffs CHARLES W. COOLEY, NICHOLAS MARONE and GRADY ANDERSON RICHARD H. RAHM, Bar No. 130728 rrahm@littler.com ALEXANDRA HEMENWAY, Bar No. 297888 ahemenway@littler.com LITTLER MENDELSON, P.C. 333 Bush Street, 34th Floor San Francisco, CA 94104 Telephone: 415.433.1940 Fax No.: 415.399.8490 BRITNEY N. TORRES, Bar No. 287019 btorres@littler.com LITTLER MENDELSON, P.C. 500 Capitol Mall, Suite 2000 Sacramento, CA 95814 Telephone: 916.830.7200 Fax No.: 916.561.0828 Attorneys for Defendant INDIAN RIVER TRANSPORT CO. 18 19 UNITED STATES DISTRICT COURT 20 EASTERN DISTRICT OF CALIFORNIA 21 22 CHARLES W. COOLEY, GRADY ANDERSON, NICHOLAS MARONE, on behalf of themselves and all others similarly situated, 23 Plaintiffs, Case No. 1:18-CV-00491-WBS-BAM JOINT STIPULATION FOR MODIFICATION OF THE ORDER RE: PRELIMINARY APPROVAL OF CLASS SETTLEMENT 24 v. 25 INDIAN RIVER TRANSPORT CO., 26 Defendant. 27 28 LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA 94104 415.433.1940 Case No. 1:18-CV-00491-WBS-BAM JOINT STIPULATION FOR MODIFICATION OF THE ORDER RE: PRELIMINARY APPROVAL OF CLASS FIRMWIDE:162332999.1 093904.1001 SETTLEMENT 1 STIPULATION 2 Plaintiffs Charles W. Cooley, Grady Anderson, and Nicholas Marone (collectively, 3 “Plaintiffs”) and Defendant Indian River Transport Co. (“Defendant”), by and through their 4 respective counsel of record, HEREBY STIPULATE AS FOLLOWS: WHEREAS Plaintiff filed a First Amended Complaint (“FAC”) in June 2018 (Docket 5 6 7 8 9 10 No. 55); WHEREAS the Parties reached an agreement to settle all claims asserted in the FAC by Plaintiffs and the putative class against Defendant for $1.4 million in September 2018; WHEREAS the Parties executed a written settlement agreement in December 2018 (Docket No. 67-2); 11 WHEREAS Plaintiffs filed an unopposed motion for preliminary approval of the 12 proposed class, proposed class settlement, proposed class counsels’ fee and settlement allocation, 13 and proposed plan of notice in December 2018 (Docket No. 67); 14 15 16 17 18 19 WHEREAS this Court issued an Order re: Preliminary Approval of Class Settlement on January 24, 2019 (Docket No. 71); and WHEREAS the Parties have agreed to modify the timing of the settlement payment set forth in the written agreement (Docket No. 67-2). IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: • 20 21 days of the date of the order granting this Stipulation; • 22 23 Defendant will pay 30% of the settlement amount ($420,000) within ten (10) Defendant will pay the remaining 70% of the settlement amount ($980,000) on or before September 15, 2019; and • Any portion of the settlement amount that is not paid within ten (10) days of 24 the date of his order will accrue simple interest at an annual rate of ten percent 25 (10%); 26 27 • The interest accrued on the settlement amount will be due on or before September 15, 2019; and 28 LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA 94104 415.433.1940 1. Case No. 1:18-CV-00491-WBS-BAM JOINT STIPULATION FOR MODIFICATION OF THE ORDER RE: PRELIMINARY APPROVAL OF CLASS FIRMWIDE:162332999.1 093904.1001 SETTLEMENT 1 • If Defendant misses any payment of the settlement amount as set forth above, 2 the total outstanding settlement amount will be due immediately and Plaintiffs 3 may request judgment be entered against Defendant. 4 5 Dated: February 12, 2019 6 /s/ Adrianne De Castro (as authorized on 02.12.19) AASHISH Y. DESAI ADRIANNE DE CASTRO DESAI LAW FIRM, P.C. Attorneys for Plaintiffs CHARLES W. COOLEY, GRADY ANDERSON, AND NICHOLAS MARONE 7 8 9 10 11 Dated: February 12, 2019 12 13 14 15 16 /s/ Britney N. Torres RICHARD RAHM BRITNEY N. TORRES ALEXANDRA HEMENWAY LITTLER MENDELSON, P.C. Attorneys for Defendant INDIAN RIVER TRANSPORT CO. 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA 94104 415.433.1940 2. Case No. 1:18-CV-00491-WBS-BAM JOINT STIPULATION FOR MODIFICATION OF THE ORDER RE: PRELIMINARY APPROVAL OF CLASS FIRMWIDE:162332999.1 093904.1001 SETTLEMENT 1 [PROPOSED] ORDER 2 The COURT, having considered the above stipulation, HEREBY ORDERS that: 3 The timing of the settlement payment set forth in the written class settlement 4 5 agreement entered into by the Parties (Docket No. 67-2) is modified as follows: • 6 7 days of the date of the order granting this Stipulation; • 8 9 Defendant will pay 30% of the settlement amount ($420,000) within ten (10) Defendant will pay the remaining 70% of the settlement amount ($980,000) on or before September 15, 2019; and • Any portion of the settlement amount that is not paid within ten (10) days of 10 the date of his order will accrue simple interest at an annual rate of ten (10) 11 percent; 12 • 13 14 The interest accrued on the settlement amount will be due on or before September 15, 2019; and • If Defendant misses any payment of the settlement amount as set forth above, 15 the total outstanding settlement amount will be due immediately and Plaintiffs 16 may request judgment be entered against Defendant. 17 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 18 19 Dated: February 12, 2019 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. 333 Bush Street 34th Floor San Francisco, CA 94104 415.433.1940 3. Case No. 1:18-CV-00491-WBS-BAM JOINT STIPULATION FOR MODIFICATION OF THE ORDER RE: PRELIMINARY APPROVAL OF CLASS FIRMWIDE:162332999.1 093904.1001 SETTLEMENT

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