Miller, et al v. CEVA Logistics USA, Inc., et al

Filing 37

STIPULATION AND ORDER signed by District Judge Troy L. Nunley on 3/9/2015 ORDERING the defendants to provide the claims administrator with class members' contact information by 3/16/2015; ORDERING the claims administrator to mail the class notic e and claim form by 3/23/2015; ORDERING class members to file objections, opt-out or submit claims forms by 5/7/2015; ORDERING the plaintiffs to file a Motion for Final Approval of Class Action Settlement and Motion for Attorney Fees and Cost by 5/21/2015; ORDERING that the hearing on such motions be heard on 6/18/2015; APPROVING the Notice of Class Action Settlement as to form and content. (Michel, G.)

R. DUANE WESTRUP (CSB 58610)
1 PHILLIP R. POLINER (CSB 156145)
Email: [e-mail]
2 CAT N. BULAON (CSB 206612)
Email: [e-mail]
3 WESTRUP & ASSOCIATES
444 West Ocean Blvd., Suite 1614
4 Long Beach, California 90802
Telephone: 562 • 432 • 2551
5 Facsimile: 562 • 435 • 4856
6 Attorneys for Plaintiffs
KEN MILLER, JEREMIE TODD
7 AND CHRISTOPHER FRANKLIN
8
UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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11 KEN MILLER, JEREMIE TODD, and
CHRISTOPHER FRANKLIN, on behalf of
12 themselves and all others similarly situated,
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Plaintiffs,

STIPULATION AND ORDER
RE: HEARING ON PLAINTIFFS’ MOTIONS
FOR FINAL APPROVAL AND FOR
ATTORNEY FEES AND COST

v.

15 ADECCO USA, Inc., a Delaware Corporation;
CEVA LOGISTICS U.S., INC., a Delaware
16 corporation; and DOES 1-10, inclusive,
17

Case No. 2:13–CV–01321–TLN–CKD

Complaint filed: May 23, 2013

Defendants.

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JOINT STIPULATION AND ORDER RE: MOTION FOR FINAL APPROVAL/FEES AND COST

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Pursuant to the Court’s Order Granting Preliminary Approval, dated February 19, 2015,

2 Plaintiffs Ken Miller, Jeremie Todd, and Christopher Franklin (collectively “Plaintiffs”) and
3 Defendants Adecco USA, Inc. (“Adecco”) and CEVA Logistics U.S., Inc. (“CEVA”) (collectively
4 “Defendants”) hereby stipulate as follows and submit this joint application requesting that the
5 Court accept the proposed dates for a hearing on Plaintiffs’ Motion for Final Approval of Class
6 Action Settlement, and Motion for Attorney Fees and Cost. For the Court’s approval, an updated
7 Notice of Class Action Settlement is attached hereto and incorporated herein by reference as
8 Exhibit 1.
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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and

10 Defendants, through their respective counsel, as follows:
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March 16, 2015:

members’ contact information.

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March 23, 2015:

May 7, 2015:

May 21, 2015:

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Filing of Plaintiff’s Motion for Final Approval of Class Action
Settlement and Motion for Attorney Fees and Cost.

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Deadline for class members to file objections, opt-out or submit
claim forms.

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Deadline for Claims Administrator to mail class notice and claim
form.

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Deadline for Defendants to provide Claims Administrator with class

June 18, 2015:

Hearing on Plaintiff’s Motion for Final Approval of Class Action
Settlement and Motion for Attorney Fees and Cost.

WHEREAS, pursuant to 28 U.S.C.A. §1715, Defendant, Adecco USA, Inc. provided

22 notice of the settlement to the Attorney General’s Office on October 8, 2014 and Defendant, CEVA
23 Logistics U.S., Inc. provided notice to the Attorney General’s Office on February 20, 2015.
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JOINT STIPULATION AND ORDER RE: MOTION FOR FINAL APPROVAL/FEES AND COST

1 DATED: March 9, 2015

WESTRUP & ASSOCIATES

2
By: /s/ Phillip R. Poliner
Phillip R. Poliner
Attorneys for Plaintiffs
KEN MILLER, JEREMIE TODD, AND
CHRISTOPHER FRANKLIN

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7 DATED: March 9, 2015

JACKSON LEWIS P.C.

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By: /s/ Fraser A. McAlpine
Fraser A. McAlpine

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Attorneys for Defendant
CEVA LOGISTICS U.S., INC.

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DATED: March 9, 2015
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SHEPPARD MULLIN RICHTER &
HAMPTON LLP

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By: /s/ Charles F. Barker
Charles F. Barker

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Attorneys for Defendant
ADECCO USA, INC.

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JOINT STIPULATION AND ORDER RE: MOTION FOR FINAL APPROVAL/FEES AND COST

SCHEDULING ORDER

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Based upon the foregoing Stipulation and good cause appearing therefor, IT IS HEREBY

3 ORDERED THAT:
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March 16, 2015:

class members’ contact information.

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March 23, 2015:

May 7, 2015:

May 21, 2015:

June 18, 2015:

Hearing on Plaintiff’s Motion for Final Approval of Class Action
Settlement and Motion for Attorney Fees and Cost.

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Filing of Plaintiff’s Motion for Final Approval of Class Action
Settlement and Motion for Attorney Fees and Cost.

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Deadline for class members to file objections, opt-out or submit
claim forms.

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Deadline for claims administrator to mail class notice and claim
form.

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Deadline for Defendants to file provide claims administrator with

IT IS FURTHER ORDERED THAT the Notice of Class Action Settlement attached as

15 Exhibit 1, is approved as to form and content.
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IT IS SO ORDERED.

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Dated: March 9, 2015

Troy L. Nunley
United States District Judge

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JOINT STIPULATION AND ORDER RE: MOTION FOR FINAL APPROVAL/FEES AND COST