Vasquez et al v. Panella Trucking

Filing 38

JOINT STIPULATION AND ORDER Re Notice of Signed Settlement signed by Judge John A. Mendez on 4/21/11. (Matson, R)

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GEORGE J. TICHY, II, Bar No. 041146
MICHELLE R. BARRETT, Bar No. 197280
LITTLER MENDELSON
A Professional Corporation
650 California Street, 20th Floor
San Francisco, CA 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
Email: [e-mail]; [e-mail]
Attorneys for Defendant
PANELLA TRUCKING, LLC

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GREGORY M. GARRISON, Bar No. 165215
JASON N. BLACK, Bar No. 256261
TEEPLE HALL, LLP
9255 Towne Centre Drive, Suite 500
San Diego, CA 92121
Telephone: [phone]
Email: [e-mail]; [e-mail]

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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO
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DANIEL VASQUEZ and WAYNE
CUTHILL, on their own behalf and on
behalf of a class of similarly situated
persons pursuant to F.R.C.P. 23 and 23
U.S.C. § 216, and on behalf of the
General Public,

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Plaintiffs,

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vs.

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PANELLA TRUCKING, L.L.C., a
California limited liability corporation,

Case No.: 2:09-CV-02849 JAM [KJM]
JOINT STIPULATION AND ORDER RE
NOTICE OF SIGNED SETTLEMENT AND
REQUEST FOR COURT TO SET A
PRELIMINARY SETTLEMENT
APPROVAL HEARING AND BRIEFING
SCHEDULE
Judge:
Courtroom:
Complaint Filed:
Trial Date:

Hon. John A. Mendez
6, 14th Floor
October 13, 2009
No date set

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Defendant.
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THIS JOINT STIPULATION AND PROPOSED ORDER REGARDING NOTICE OF A

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SIGNED SETTLEMENT AGREEMENT AND REQUEST FOR THE COURT TO SET A

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PRELIMINARY SETTLEMENT APPROVAL HEARING AND BRIEFING SCHEDULE is made

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by and entered into between Plaintiffs Daniel Vasquez (“Plaintiff”) and Defendant Panella Trucking,

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LLC (“Defendant”).
Case No. 2:09-CV-02849 JAM [KJM]]

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WHEREAS, the parties have concluded settlement negotiations and signed a Joint

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Stipulation of Settlement Agreement with Exhibits 1 and 2 (“Joint Stipulation of Settlement”), which

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is attached hereto as Exhibit A;

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WHEREAS, the parties wish for the Court to set a hearing date for a hearing on a motion for
preliminary approval of the parties’ settlement and to also set a briefing schedule for such motion;

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WHEREFORE, IT IS NOW HEREBY STIPULATED AND AGREED that:

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1. The parties have attached the Joint Stipulation of Settlement as notice to the Court of the

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parties’ intention to settle this case;

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2. The deadlines set for submitting a motion for preliminary settlement approval, a hearing

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for preliminary approval of settlement, and a hearing on final settlement approval in the Court’s

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Order re Revised Class Certification Briefing and/or Preliminary and Final Settlement Approval

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Schedule dated April 6, 2007 [Docket Document #36] are hereby vacated;

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3. The Court shall set the preliminary settlement approval hearing to occur on June 1, 2011
at 9:30 a.m. or a date and/or time thereafter to be set by the Court;
4. The parties shall submit a joint motion requesting preliminary approval of the settlement
by no later than May 4, 2011.
5. This Stipulation and Order is subject to revocation and modification by order of the
Court, upon written stipulation of the parties, or upon motion and reasonable notice.
IT IS SO STIPULATED:

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DATED: April 20, 2011

Littler Mendelson, P.C.

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BY

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/s/ Michelle R. Barrett

MICHELLE R. BARRETT

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Attorneys for Defendant
PANELLA TRUCKING, LLC

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STIPULATION AND [PROPOSED] ORDER
RE NOTICE OF SETTLEMENT AND NEW
PRELIMINARY APPROVAL

2.

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Case No. 2:09-CV-02849 JAM [KJM]

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DATED: April 20, 2011

Teeple Hall, LLP

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BY

/s/ Jason N. Black

JASON N. BLACK
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Attorneys for Plaintiffs
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IT IS SO ORDERED.

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DATED: 4/21/2011
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/s/ John A. Mendez_____________
THE HONORABLE JOHN A. MENDEZ
U.S. DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER
RE NOTICE OF SETTLEMENT AND NEW
PRELIMINARY APPROVAL

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Case No. 2:09-CV-02849 JAM [KJM]

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ATTESTATION OF CONCURRENCE

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I hereby attest that concurrence in the filing of this document has been obtained from each of

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the signatories. I declare under penalty of perjury under the laws of the United States of America

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that the foregoing declaration is true and correct to the best of my personal knowledge.

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Executed this 20th day of April, 2011 in San Francisco, California.

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BY

/s/ Michelle R. Barrett

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MICHELLE R. BARRETT

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Attorneys for Defendant
PANELLA TRUCKING, LLC

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Case No. 2:09-CV-02849 JAM [KJM]]

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