Haro et al v. Walmart Inc.

Filing 146

ORDER GRANTING JOINT STIPULATION FOR A ONE-WEEK EXTENSION OF TIME FOR PLAINTIFFS TO FILE THEIR MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT. Order signed by Magistrate Judge Sheila K. Oberto on 7/22/2024. (Kusamura, W)

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1 2 3 4 5 6 7 8 Matthew S. Parmet (SBN 296742) PARMET PC 340 South Lemon Avenue, #1228 Walnut, California 91789 Tel: (310) 928-1277 matt@parmet.law Don J. Foty (Pro Hac Vice) HODGES & FOTY, LLP 2 Greenway Plaza, Suite 250 Houston, Texas 77046 Tel: (713) 523-0001 dfoty@hftrialfirm.com PROSKAUER ROSE LLP Gregory W. Knopp (SBN 237615) Jonathan P. Slowik (SBN 287635) Laura L. Vaughn (SBN 329470) 2029 Century Park East, Suite 2400 Los Angeles, California 90067 Tel: (310) 557-2900 gknopp@proskauer.com jslowik@proskauer.com lvaughn@proskauer.com Counsel for Defendant Counsel for Plaintiff and Putative Class Members 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 10 11 12 13 AMADO HARO and ROCHELLE ORTEGA, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, 14 v. 15 16 WALMART, INC., Defendant. 17 Case No. 1:21-CV-00239-KES-SKO ORDER GRANTING JOINT STIPULATION FOR A ONE-WEEK EXTENSION OF TIME FOR PLAINTIFFS TO FILE THEIR MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT Complaint Filed: Feb. 23, 2021 Trial Date: None 18 19 20 IT IS HEREBY STIPULATED by and between Plaintiffs Amado Haro and Rochelle Ortega 21 22 23 24 (“Plaintiffs”), by and through their counsel of record, and Defendant Walmart Inc. (“Defendant”), by and through its counsel of record, as follows: WHEREAS, on February 23, 2021, Plaintiffs, individually and on behalf of all others similarly situated, filed a wage-and-hour class and collective action lawsuit against Defendant (see 25 Dkt. 1); WHEREAS, on December 15, 2023, Plaintiffs filed their Motion for Preliminary Approval 26 of Class Action Settlement (Dkt. 127); 27 28 WHEREAS, on March 18, 2024, the Court granted the Motion for Preliminary Approval (Dkt. 135); 1 2 WHEREAS, in the Order Granting Preliminary Approval, the Court set a deadline of July 20, 2024 for the Plaintiffs to file their Motion for Final Approval Settlement (id.); 3 WHEREAS, on July 8, 2024 Hurricane Beryl struck Houston, Texas, causing severe flooding 4 and wind damage, and leaving close to 3 million people without electricity. Plaintiffs’ Counsel resides 5 in Houston, Texas. Plaintiffs’ Counsel was without electricity for nearly one week as a result of the 6 7 8 9 storm. Plaintiffs’ Counsel’s office also lost access to its server and the internet. Given the storm, Plaintiffs’ Counsel was unable to work on this matter, and WHEREAS, the Parties have discussed a short extension of time for Plaintiffs to file their Motion for Final Approval of Settlement in light of the hurricane. The Parties have conferred and have agreed to a one week extension of time. The Parties do not believe that this one week extension 10 11 12 13 will affect any of the deadlines in the Preliminary Approval Order of March 18, 2024; IT IS HEREBY STIPULATED between the Parties, by and through their respective attorneys of record, as follows: That Plaintiffs shall have until July 26, 2024 to file their Motion for Final Approval of Settlement. 14 15 Date: July 19, 2024 HODGES & FOTY, LLP /s/ Don J. Foty Don J. Foty (Pro Hac Vice) Attorneys for Plaintiffs Date: July 19, 2024 PROSKAUER ROSE LLP /s/_Jonathan P. Slowik Gregory W. Knopp Jonathan P. Slowik Laura L. Vaughn Attorneys for Defendant 16 17 18 19 20 21 22 23 24 25 26 27 ORDER The Court having considered the Parties’ Joint Stipulation (Doc. 145) for a one-week extension of time for Plaintiffs to file their Motion for Final Approval of Class Action Settlement finds that the Stipulation should be GRANTED. THEREFORE, IT IS ORDERED that Plaintiffs’ 28 2 1 Motion for Final Approval of Class Action Settlement shall be due July 26, 2024. 2 3 4 IT IS SO ORDERED. Dated: /s/ Sheila K. Oberto July 22, 2024 . UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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