Morales et al v. Unilever United States, Inc.

Filing 65

STIPULATION and MODIFIED SCHEDULING ORDER signed by Senior Judge William B. Shubb on 7/13/16 ORDERING that the parties' stipulation to modify the 7/12/16 scheduling order [ECF No. 63 ] is GRANTED. (Becknal, R)

1
2
3
4
5
6
7
8
9
10
11
12
13

Michael P. Esser (SBN 268634)
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Jay P. Lefkowitz, P.C. (admitted pro hac vice)
[e-mail]
Ross L. Weiner (admitted pro hac vice)
[e-mail]
KIRKLAND & ELLIS LLP
601 Lexington Avenue
New York, N.Y. 10022
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
CONOPCO, INC. D/B/A UNILEVER

Alan R. Plutzik (State Bar No. 77785)
Michael S. Strimling (State Bar No. 96135)
BRAMSON, PLUTZIK, MAHLER
& BIRKHAEUSER LLP
2125 Oak Grove Road
Walnut Creek, CA 94598
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Mark P. Kindall (State Bar No. 138703)
Robert A. Izard (admitted pro hac vice)
IZARD, KINDALL & RAABE, LLP
29 South Main Street, Suite 305
West Hartford, CT 06107
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
[Additional Counsel on Signature Page]

14
15

UNITED STATES DISTRICT COURT

16

EASTERN DISTRICT OF CALIFORNIA

17
18
19
20
21
22
23

ALBA MORALES; LAINIE COHEN; LINDA
) CIV. NO. 2:13-cv-2213 WBS EFB
CLAYMAN; and KENNETH DREW, on behalf of )
themselves and others similarly situated,
) STIPULATION AND [PROPOSED]
) MODIFIED SCHEDULING ORDER
Plaintiffs,
)
)
vs.
)
)
CONOPCO, INC., d/b/a UNILEVER,
)
)
Defendant.
)
)

24
25

The parties in the above-captioned matter, by and through their designated counsel, jointly

26

move the Court to approve the following modifications to the July 12, 2016 scheduling order [ECF

27

No. 63] relating to the October 17, 2016 final approval hearing on the proposed Class Action

28

Settlement. The Parties do not propose a change to the Final Approval Hearing date. However,

Stipulation and [Proposed] Modified Scheduling Order; Case No. 2:13-cv-2213 WBS EFB

1
2

because the Notice Plan includes a multi-week media campaign, the Parties request leave to change
some of the other deadlines relating to notice, opting out, briefing and filing a claim.

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

Specifically, Plaintiffs request that the media campaign described in the Notice Plan
commence no later than August 1, 2016 and conclude by August 30, 2016. Plaintiffs will file
motions for final approval and for approval of an award of attorneys’ fees, expenses and for approval
of lead plaintiff awards by no later than September 12, 2016. The deadline for Class Members to file
objections or requests to opt out of the Settlement would be September 30, 2016. Plaintiffs would
file any response to objections, together with a final report on the effectuation of the notice plan, by
October 7, 2016. Finally, the deadline for Class Members to file claim forms would be five business
days after the October 17, 2016 Final Approval Hearing: October 24, 2017. This schedule will
permit adequate time to complete the Notice Plan and provide Class Members with a minimum of
four weeks after receiving notice to decide whether to object or opt out of the Settlement. It will also
give Class Members access to Plaintiffs’ final approval brief and their submission relating to fees
and expenses well before the deadline for filing objections or requests to opt out. Finally, Class
Members can – if they choose – wait to see whether the Court approves the Settlement before filing
claims.
Based on the foregoing, the Parties suggest modifying the schedule set forth in the July 12,
2016 Order [ECF No. 63] as follows:

19
20
21

Event

Current Deadlines

Publication Notice

August 11, 2016

Deadline for Plaintiffs to file
motions and supporting papers on
Final Approval, attorneys’ fees and
expenses, and lead plaintiff awards
Deadline for Class Members to file
objections or submit requests to opt
out of the Settlement

September 12, 2016

22
23
24
25
26
27

September 19, 2016

28

2

Proposed Amended
Deadlines
Media campaign to begin
by August 1, 2016 and be
completed by August 30,
2016
September 12, 2016
(no change)

September 29, 2016

1
2
3
4
5
6
7

Deadline to file reply (if any) in
support of Final Approval Motion
and/or motion for award of
attorneys’ fees and expenses and
lead plaintiff awards
Final Approval Hearing

Not listed

October 7, 2016

October 17, 2016

Deadline for Class Members to file
Claim Forms

September 19, 2016

October 17, 2016
(No change)
October 24, 2016

DATED: July 13, 2016

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

By: /s/ Michael P. Esser_______
Michael P. Esser (SBN 268634)
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street, 27th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

By: /s/ Mark P. Kindall
Mark P. Kindall (State Bar No. 138703)
Robert A. Izard (admitted pro hac vice)
IZARD, KINDALL & RAABE, LLP
29 South Main Street, Suite 305
West Hartford, CT 06107
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Jay P. Lefkowitz, P.C. (admitted pro hac vice) [e-mail]
[e-mail]
Ross L. Weiner (admitted pro hac vice)
Alan R. Plutzik (State Bar No. 77785)
[e-mail]
BRAMSON, PLUTZIK, MAHLER
KIRKLAND & ELLIS LLP
& BIRKHAEUSER LLP
601 Lexington Avenue
2125 Oak Grove Road
New York, New York 10022
Walnut Creek, CA 94598
Telephone: [phone]
Telephone: [phone]
Facsimile: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant
CONOPCO, INC. D/B/A UNILEVER
Nicole A. Veno (admitted pro hac vice)
LAW OFFICE OF NICOLE A. VENO, LLC
573 Hopmeadow Street
Simsbury, CT 06070
Telephone: [phone]
Facsimile: [phone]
[e-mail]

27

Joseph J. DePalma (admitted pro hac vice)
Katrina Carroll (admitted pro hac vice)
LITE DEPALMA GREENBERG, LLC
Two Gateway Center, 12th Floor
Newark, New Jersey 07102
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

28

Attorneys for Plaintiffs

24
25
26

3

1

ORDER

2
3

THE PARTIES HEREBY AGREE AND STIPULATE to, and submit that, good cause is
shown to support the following Fifth Modified Scheduling Order.

4

Accordingly, the Court HEREBY ORDERS that:

5
1.

The parties’ stipulation to modify the July 12, 2016 scheduling order [ECF No. 63] is

6
7
8

GRANTED; and the Order is modified as follows:
(i)

Plaintiffs shall direct the Notice Administrator to commence the media campaign
described in the Notice Plan submitted in support of the Motion for Preliminary
Approval by no later than August 1, 2016, and complete it by no later than August 30,
2016;

(ii)

Plaintiffs shall file a motion for final approval of the Settlement, together with
supporting papers, by no later than September 12, 2016;

(iii)

Plaintiffs shall file any motion for approval of an award of attorneys’ fees and
expenses, as well as any motion for lead plaintiff awards, by no later than September
12, 2016;

(iv)

Class members shall file any objections to the Settlement, the Plan of Allocation,
and/or Plaintiffs’ requests for an award of attorneys’ fees and expenses and lead
plaintiff awards, by no later than September 29, 2016;

(v)

Class members shall file any requests for exclusion by no later than September 29,
2016;

(vi)

Responses to any objections or requests for exclusion shall be filed by no later than
October 7, 2016, together with a final report on effectuation of the Notice Plan.

(vii)

The Final Approval Hearing shall take place as scheduled on October 17, 2016, at
1:30 p.m.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23

(viii) Class members who wish to receive a portion of the Settlement fund shall file claim
forms by no later than October 24, 2016.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: July 13, 2016

24
25
26
27
28

4

1
CERTIFICATE OF SERVICE
2
3
4

The undersigned hereby certifies that all counsel of record who have consented to electronic
service are being served with a copy of the attached Stipulation and [Proposed] Modified
Scheduling Order via the CM/ECF system on July 13, 2016.

5
6

DATED: July 13, 2016

/s/ Mark P. Kindall
Mark P. Kindall

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

5