Melgar v. Zicam LLC, et al

Filing 149

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 03/14/17 ORDERING that the deadline to send direct notice to class members is EXTENDED to 03/24/17; all other deadlines, including the opt-out date, will remain the same. (Benson, A)

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ALAN J. LAZARUS (SBN 129767)
[e-mail]
WILLIAM A. HANSSEN (SBN 110613)
[e-mail]
ASHLEY K. CORKERY (SBN 301380)
[e-mail]
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
ZICAM LLC and MATRIXX
INITIATIVES, INC.
SCOTT A. BURSOR (SBN 276006)
[e-mail]
L. TIMOTHY FISHER (SBN 191626)
[e-mail]
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
YESENIA MELGAR, on Behalf of Herself
and All Others Similarly Situated

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YESENIA MELGAR, on Behalf of Herself
and All Others Similarly Situated,

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Plaintiffs,

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ZICAM LLC and MATRIXX
INITIATIVES, INC.,

STIPULATION AND ORDER TO EXTEND
TIME FOR DIRECT NOTICE IN CLASS
ACTION NOTICE PLAN

v.

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Case No. 2:14-cv-00160-MCE-AC

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Hon. Morrison C. England, Jr.

Defendants.

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION TO EXTEND TIME FOR DIRECT
NOTICE
88087928.1

CASE NO. 2:14-CV-00160-MCE-AC

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Plaintiff Yesenia Melgar, on behalf of herself and the certified class (“Plaintiff”), and

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Defendants Zicam LLC and Matrixx Initiatives, Inc. (collectively “Defendants”), by and through

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their respective attorneys, hereby stipulate as follows:

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WHEREAS, on February 17, 2017, this Court approved the Parties’ Joint Stipulation

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regarding a class action notice plan in the above-captioned case. See 2/17/17 Order, Dkt. No. 139.

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WHEREAS, in that Stipulation, the Parties had agreed that “Plaintiff shall use best efforts

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to commence with dissemination of the Notice via electronic communication within twenty-one

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(21) days after approval of this Agreed Plan by the Court.” See id. at 1.

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WHEREAS, the Court’s entry of this Order on February 17, 2017 thereby obligates

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Plaintiffs’ counsel to commence dissemination of the class action notice by March 10, 2017.

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WHEREAS, due to the volume of class members reasonably anticipated to be notified of

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this class action lawsuit via direct notice (approximately 15,000 email and mailing addresses have

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been identified by Defendants), the Parties have agreed that a two-week extension is necessary to

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effectuate direct notice in this case.

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Now, therefore, the Parties, through the undersigned counsel, hereby stipulate as follows:

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1.

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The deadline to send direct notice to class members shall be extended by two

weeks, to March 24, 2017.
2.

All other deadlines, including the opt-out date, will remain the same.

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Dated: March 8, 2017

DRINKER BIDDLE & REATH LLP

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By: /s/ Alan J. Lazarus
Alan J. Lazarus
William A. Hanssen
Ashley K. Corkery

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Attorneys for Defendants
ZICAM LLC and MATRIXX INITIATIVES, INC.

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION TO EXTEND TIME FOR DIRECT
NOTICE
88087928.1

-1-

CASE NO. 2:14-CV-00160-MCE-AC

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Dated: March 8, 2017

BURSOR & FISHER, P.A.

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By: /s/ L. Timothy Fisher
Scott A. Bursor
L. Timothy Fisher

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Attorneys for Plaintiffs
YESENIA MELGAR, and all Others Similarly
Situated

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ORDER

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Pursuant to the Parties’ stipulation, the Court hereby orders:
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1.

The deadline to send direct notice to class members shall be extended by two

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weeks, to March 24, 2017.
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2.

All other deadlines, including the opt-out date, will remain the same.

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IT IS SO ORDERED.
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Dated: March 14, 2017

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D RINKER B IDDLE &
R EATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION TO EXTEND TIME FOR DIRECT
NOTICE
88087928.1

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CASE NO. 2:14-CV-00160-MCE-AC