Kirchner v. Shred-It USA, Inc. et al

Filing 57

STIPULATION and ORDER to Reset Certain Dates Related to the Class Action Settlement signed by Senior Judge William B. Shubb on 6/5/15. (Kastilahn, A)

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1 2 3 4 5 6 7 8 9 10 PETER R. DION-KINDEM (SBN 95267) THE DION-KINDEM LAW FIRM PETER R. DION-KINDEM, P. C. 21550 Oxnard Street, Suite 900 Woodland Hills, California 91367 Telephone: (818) 883-4900 Fax: (818) 883-4902 Email: peter@dion-kindemlaw.com LONNIE C. BLANCHARD, III (SBN 93530) THE BLANCHARD LAW GROUP, APC 3311 East Pico Boulevard Los Angeles, CA 90023 Telephone: (213) 599-8255 Fax: (213) 402-3949 Email: lonnieblanchard@gmail.com 11 Attorneys for Plaintiff Michael Kirchner 12 16 Philip J. Campisi, Jr. WESTERMAN BALL EDERER MILLER ZUCKER & SHARFSTEIN, LLP 1201 RXR Plaza Uniondale, New York 11556 Telephone: (516) 622-9200 Facsimile: (516) 622-9212 pcampisi@westermanllp.com 17 Attorneys for Defendant SHRED-IT USA INC. 13 14 15 18 19 UNITED STATES DISTRICT COURT 20 EASTERN DISTRICT OF CALIFORNIA 21 22 Michael Kirchner, an individual, on behalf of himself and all others similarly situated, 23 Plaintiff, Case No. 2:14-cv-01437-WBS-EFB Joint Stipulation to Reset Certain Dates Related to the Class Action Settlement 24 25 26 27 28 vs. Shred-It USA Inc., a Delaware Corporation, First Advantage LNS Screening Solutions, Inc., and Does 1 through 10, Defendants. Joint Stipulation to Reset Certain Dates Related to the Class Action Settlement 1 1 2 3 Plaintiff MICHAEL KIRCHNER and Defendant SHRED-IT USA INC. n/k/a SHRED-IT USA LLC (collectively, the “Parties”), by their counsel, stipulate and agree as follows: WHEREAS, on March 18, 2015, the Parties submitted a Stipulation and Proposed Order for 4 Preliminary Approval of Class Action Settlement. 5 6 WHEREAS, on March 31, 2015, the Court issued a Memorandum and Order signed by Senior 7 Judge William B. Shubb Granting the Parties’ Motion for Preliminary Settlement Approval (the 8 “Order”). Among other things, the Order set forth a schedule of deadlines for the Parties to effectuate 9 the settlement. 10 11 WHEREAS, despite the Parties’ best efforts and as previously reported to the Court by counsel, there were unexpected delays in obtaining information necessary to mail the Settlement Notice Form to 12 13 14 15 all members of the Settlement Class, including obtaining last known addresses for a portion of the proposed class, as directed by the Court. WHEREAS, at the time of the Court’s Order, the Parties’ understood that the proposed class 16 contained approximately 3,328 members. 17 approximately 3,318 members. The reduction in the number of members of the proposed class will 18 19 Upon further investigation, the proposed class contains increase the approximate recovery for each member from $45.55 to $45.69. NOW THEREFORE, the Parties stipulate and agree that all dates identified in Paragraphs 6 20 21 22 23 24 through 13 of the Order are modified so that they will be calculated by reference to the date that this Joint Stipulation is “So Ordered”. FURTHER, a final Fairness Hearing shall be held before this court on October 19, 2015, at 2:00 p.m. in Courtroom 5. 25 26 27 28 Joint Stipulation to Reset Certain Dates Related to the Class Action Settlement 2 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 2 3 THE DION-KINDEM LAW FIRM 4 DATED: June 3, 2015 BY: 5 6 /s Peter R. Dion-Kindem PETER R. DION-KINDEM, P. C. PETER R. DION-KINDEM Attorneys for Representative Plaintiff Michael Kirchner 7 8 WESTERMAN BALL EDERER MILLER ZUCKER & SHARFSTEIN, LLP 9 10 DATED: June 3, 2015 11 BY: /s Philip J. Campisi PHILIP J. CAMPISI Attorneys for Defendant Shred-it USA, Inc. 12 13 ORDER 14 15 16 IT IS SO ORDERED. Dated: June 5, 2015 17 18 19 20 21 22 23 24 25 26 27 28 Joint Stipulation to Reset Certain Dates Related to the Class Action Settlement 3

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