Lambert v. Buth-Na-Bodhaige, Inc. et al

Filing 22

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr. on 4/23/2015 ORDERING that the Court hereby lifts stay of this action in part to permit presentation of a motion for preliminary and final approval of a class settlement. The stay of this action shall otherwise remain in effect pending further order of the Court. Additionally, beginning on 4/20/2015 and pending further Order of the Court, the parties shall no longer be required to submit a Joint Status Report every 60 days, as initially required by this Court's Order dated 8/20/2014. (Zignago, K.)

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MICHAEL J. STORTZ (SBN #139386)
[e-mail]
MATTHEW J. ADLER (SBN #273147)
[e-mail]
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
BUTH-NA-BODHAIGE, INC. d/b/a
THE BODY SHOP

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AIMEE LAMBERT, an individual, on
behalf of herself and all others similarly
situated,
Plaintiff,
v.

Case No. 2:14-cv-00514-MCE-KJN
STIPULATION AND ORDER TO LIFT
STAY IN PART AND RELIEVE PARTIES
OF OBLIGATION TO PROVIDE STATUS
REPORTS

BUTH-NA-BODHAIGE, INC., a
Delaware corporation; RAZE MEDIA,
LLC, a Texas limited liability company;
and DOES 1 – 50, inclusive,
Defendants.

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DRIN KER BIDDLE &
R E A T H LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER TO LIFT STAY IN PART AND
TO RELIEVE PARTIES OF OBLIGATION TO PROVIDE
STATUS REPORTS

CASE NO. 2:14-CV-00514-MCE-KJN

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WHEREAS, on February 20, 2014, Plaintiff Aimee Lambert (“Plaintiff”) filed a

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Complaint in this Court and asserted a single claim under the Telephone Consumer Protection

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Act (“TCPA”), 47 U.S.C. § 227, et seq., based upon allegations that Defendants Buth-Na-

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Bodhaige, Inc. d/b/a The Body Shop (“TBS”) and Raze Media, LLC (“Raze”) sent marketing text

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messages to Plaintiff and the putative class in alleged violation of the TCPA;

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WHEREAS, on August 20, 2014, the Court entered an Order (D.E. 17) granting TBS’s

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Motion to Dismiss or Stay (D.E. 10) and staying the action pending further order of the Court;

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WHEREAS, the Order requires the parties to file a Joint Status Report every 60 days to

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advise the Court as to the status of the petitions filed with the Federal Communications
Commission (“FCC”) that were identified in TBS’ Request for Judicial Notice (D.E. 12);

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WHEREAS, in accordance with the Order, the parties submitted a Joint Status Report on
October 22, 2014 (D.E. 18), December 19, 2014 (D.E. 19), and February 17, 2015 (D.E. 20);

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WHEREAS, a Joint Status Report is due as of the date of this filing, April 20, 2015;

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WHEREAS, in lieu of filing another Joint Status Report, the parties submit this

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Stipulation and Order because Plaintiff and TBS have reached an agreement in principal as to the

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material terms of a classwide settlement;

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WHEREAS, Plaintiff and TBS reached this agreement during a mediation session on
March 24, 2015 with the Honorable Fred K. Morrison (Ret.) of JAMS;

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WHEREAS, Plaintiff and TBS expect to finalize the settlement by the end of April 2015,

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and will file a Notice of Settlement under Local Rule 160 upon execution of a settlement

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agreement;

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WHEREAS, the parties respectfully believe, that in light of the anticipated class

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settlement, they should be relieved of their obligation to submit a Joint Status Report every 60

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days, beginning with their obligation to submit a Joint Status Report on April 20, 2015;

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WHEREAS, the parties further believe that to facilitate a class settlement the stay of this

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action should be lifted in part to permit Plaintiff to bring a motion for preliminary and final

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approval of a class settlement pursuant to Federal Rule of Civil Procedure 23(e).

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///

DRIN KER BIDDLE &
R E A T H LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER TO LIFT STAY IN PART AND
TO RELIEVE PARTIES OF OBLIGATION TO PROVIDE
STATUS REPORTS

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CASE NO. 2:14-CV-00514-MCE-KJN

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THEREFORE, IT IS HEREBY STIPULATED by the parties through their respective
counsel, as follows:

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preliminary and final approval of a class settlement pursuant to Rule 23(e).

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The stay of this action shall be lifted in part to permit presentation of a motion for

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The stay of this action shall otherwise remain in effect pending further order of the

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Beginning on April 20, 2015 and pending further Order of the Court, the parties

Court.

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shall no longer be required to submit a Joint Status Report every 60 days, as initially required by

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this Court’s Order dated August 20, 2014 (D.E. 17).

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IT IS SO STIPULATED.

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DRIN KER BIDDLE &
R E A T H LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER TO LIFT STAY IN PART AND
TO RELIEVE PARTIES OF OBLIGATION TO PROVIDE
STATUS REPORTS

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CASE NO. 2:14-CV-00514-MCE-KJN

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Dated: April 20, 2015

HORNBERGER LAW CORPORATION

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By: /s/ Nicholas W. Hornberger
(authorized 4.20.2015)
Nicholas W. Hornberger
Nathan Verbiscar-Brown

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Attorneys for Plaintiff
AIMEE LAMBERT

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Dated: April 20, 2015

TRAINOR FAIRBROOK

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By: /s/ Kathleen E. Finnerty
(authorized 4.20.2015)
Kathleen E. Finnerty

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Attorneys for Defendant
RAZE MEDIA, LLC

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Dated: April 20, 2015

DRINKER BIDDLE & REATH LLP

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By: /s/ Michael J. Stortz
Michael J. Stortz
Matthew J. Adler

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Attorneys for Defendant
BUTH-NA-BODHAIGE, INC. d/b/a
THE BODY SHOP

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DRIN KER BIDDLE &
R E A T H LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER TO LIFT STAY IN PART AND
TO RELIEVE PARTIES OF OBLIGATION TO PROVIDE
STATUS REPORTS

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CASE NO. 2:14-CV-00514-MCE-KJN

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ORDER
Pursuant to the signed stipulation of the parties, the Court hereby lifts stay of this action in

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part to permit presentation of a motion for preliminary and final approval of a class settlement

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pursuant to Federal Rule of Civil Procedure 23(e). The stay of this action shall otherwise remain

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in effect pending further order of the Court. Additionally, beginning on April 20, 2015 and

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pending further Order of the Court, the parties shall no longer be required to submit a Joint Status

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Report every 60 days, as initially required by this Court’s Order dated August 20, 2014.

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Dated: April 23, 2015

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DRIN KER BIDDLE &
R E A T H LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND ORDER TO LIFT STAY IN PART AND
TO RELIEVE PARTIES OF OBLIGATION TO PROVIDE
STATUS REPORTS

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CASE NO. 2:14-CV-00514-MCE-KJN