Dei Rossi, et al v. Whirlpool Corporation, et al

Filing 179

ORDER signed by District Judge Troy L. Nunley on 1/27/2017 ORDERING that Plaintiffs' Application for Fees and Costs by 3/3/2017; Defendant's Opposition by 4/14/2017; and Plaintiffs' reply in support of plaintiffs' application by 5/5/2017. (Reader, L)

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BURSOR & FISHER, P.A.
Scott A. Bursor (State Bar No. 276006)
L. Timothy Fisher (State Bar No. 191626)
Annick M. Persinger (State Bar No. 272996)
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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FARUQI & FARUQI, LLP
Barbara A. Rohr (State Bar No. 273353)
10866 Wilshire Boulevard, Suite 1470
Los Angeles, CA 90024
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Plaintiffs and Class Counsel
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KYLE DEI ROSSI and MARK LINTHICUM, on
behalf of themselves and those similarly situated,

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Plaintiffs,
v.
WHIRLPOOL CORPORATION,

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Defendant.

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STIPULATION AND ORDER
CASE NO. 2:12-CV-00125-TLN-JFM

Case No. 2:12-CV-00125-TLN-JFM
STIPULATION AND ORDER
EXTENDING TIME TO FILE
PLAINTIFFS’ APPLICATION FOR
FEES AND COSTS
Honorable Troy L. Nunley

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WHEREAS, on June 28, 2016, this Court granted preliminary approval of the Parties’ class
action settlement. Dkt. No. 176.
WHEREAS, in the preliminary approval order, this Court observed that “the Parties reached
the Settlement Agreement without reaching any agreement regarding the reasonable attorneys’ fees
and costs to be awarded to Class Counsel.” Dkt. No. 176 at 3:25-27.
WHEREAS, the Parties are currently conferring in an attempt to reach an agreement
regarding reasonable attorneys’ fees and costs to be awarded to Class Counsel.
WHEREAS, although the Court did not specifically set a date for Plaintiffs’ Application for
Fees and Costs, the Parties’ settlement agreement contemplated the following deadlines with regard
to Plaintiffs’ Application:


Plaintiffs’ Application for Fees and Costs: February 3, 2017



Defendant’s Opposition to Plaintiffs’ Application: March 6, 2017



Plaintiffs’ Reply in Support of Plaintiffs’ Application: March 27, 2017

WHEREAS, the Parties agree that it would serve efficiency and judicial economy if the
Parties could reach an agreement on fees.
WHEREAS, the Parties further agree that an extension of the schedule for briefing
Plaintiffs’ Application for Fees and Costs would aid the Parties in their discussions regarding fees.
WHEREAS, the Parties’ stipulation for an extension of the schedule for Plaintiffs’
Application, would not affect the following upcoming deadlines:


Claims Deadline: February 23, 2017



Deadline to Request Exclusion, to Object to the Settlement or Amount of Fees, and

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to File Notice to Appear at the Fairness Hearing: March 10, 2017


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20, 2017


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Deadline for the Claims Administrator, KCC, to Provide a List of Opt-Outs: March

Deadline for Class Counsel to Respond to Class Members’ Objections: April 14,
2017



Deadline for the Parties’ Joint Motion for Final Approval: April 14, 2017

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STIPULATION AND ORDER
CASE NO. 2:12-CV-00125-TLN-JFM

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

Fairness Hearing: May 18, 2017 at 2:00 p.m.

WHEREAS, in agreeing to an extension of the deadline for Plaintiffs to file their
Application for Fees and Costs, the Parties confirmed that the requested extension complies with the
requirements of In re Mercury Interactive Corp. Securities Litig., 618 F.3d 988 (9th Cir. 2010).
WHEREAS, NOW, THEREFORE, the Parties stipulate to the following extended schedule
for Plaintiffs’ Application for Fees and Costs:


Plaintiffs’ Application for Fees and Costs: March 3, 2017



Defendant’s Opposition to Plaintiffs’ Application: April 14, 2017



Plaintiffs’ Reply in Support of Plaintiffs’ Application: May 5, 2017

IT IS SO STIPULATED.

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Dated: January 27, 2017

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Respectfully submitted,
BURSOR & FISHER, P.A

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By:

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/s/ L. Timothy Fisher
L. Timothy Fisher

Scott A. Bursor (State Bar No. 276006)
L. Timothy Fisher (State Bar No. 191626)
Annick M. Persinger (State Bar No. 272996)
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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FARUQI & FARUQI, LLP
Barbara A. Rohr (State Bar No. 273353)
10866 Wilshire Boulevard, Suite 1470
Los Angeles, CA 90024
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

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Attorneys for Plaintiffs and Class Counsel

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STIPULATION AND ORDER
CASE NO. 2:12-CV-00125-TLN-JFM

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Dated: January 27, 2017

WHEELER TRIGG O’DONNELL LLP

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By:

/s/ Galen D. Bellamy
Galen D. Bellamy

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Galen D. Bellamy (State Bar No. 231792)
Cedric D. Logan (pro hac vice)
Kenneth E. Stalzer (pro hac vice)
370 Seventeenth Street, Suite 4500
Denver, Colorado 80202
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]

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BENBROOK LAW GROUP, PC
Bradley A. Benbrook (State Bar No. 177786)
400 Capitol Mall, Suite 1610
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant Whirlpool Corporation

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STIPULATION AND ORDER
CASE NO. 2:12-CV-00125-TLN-JFM

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ORDER
Having reviewed the Parties’ stipulation requesting additional time to file Plaintiffs’
Application for Fees and Costs and good cause having been shown, the Parties’ request is
GRANTED.


Plaintiffs’ Application for Fees and Costs: March 3, 2017



Defendant’s Opposition to Plaintiffs’ Application: April 14, 2017



Plaintiffs’ Reply in Support of Plaintiffs’ Application: May 5, 2017

IT IS SO ORDERED.

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Dated: January 27, 2017

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER
CASE NO. 2:12-CV-00125-TLN-JFM

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