Mustard et al v. City of Vallejo

Filing 32

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/9/2017 ORDERING that the Court hereby APPROVES the modified Claim Form & Release submitted herewith as Exhibit A. The Court confirms that, in accordance with the Settlement Agreement, the Court will not enter an order dismissing this action with prejudice until the parties jointly request that the Court enter such an order. (Zignago, K.)

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ARTHUR A. HARTINGER (SBN 121521)
[e-mail]
KEVIN P. MCLAUGHLIN (SBN 251477)
[e-mail]
RENNE SLOAN HOLTZMAN SAKAI LLP
1220 Seventh Street, Suite 300
Berkeley, California 94710
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
CITY OF VALLEJO

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DAVID E. MASTAGNI, ESQ. (SBN 204244)
ISAAC S. STEVENS, ESQ. (SBN 251245)
ACE T. TATE, ESQ. (SBN 262015)
MASTAGNI HOLSTEDT
A Professional Corporation
1912 “I” Street
Sacramento, California 95811
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MAT MUSTARD, BENJAMIN HILL, on behalf of
themselves and all similarly situated individuals,

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Plaintiffs,

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CITY OF VALLEJO,

STIPULATION TO MODIFY CLAIM FORM
AND CONFIRM PROCESS FOR DISMISSAL;
ORDER

v.

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Case No. 2:16-CV-01485-KJM-CKD

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Hon. Kimberly J. Mueller

Defendant.

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STIPULATION TO MODIFY CLAIM FORM AND CONFIRM PROCESS FOR DISMISSAL; ORDER Case No. 2:16-CV-01485-KJM-CKD

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STIPULATION
1.

The parties’ Settlement Agreement provides that “The City shall pay any Putative Plaintiff

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who timely submitted an executed claim form within 30 days of filing of the Court’s Order dismissing

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this action.” (Dkt. 28-1, p. 8, ¶ 26(e).)

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2.

The Claim Form & Release attached as Exhibit B to the Settlement Agreement provides

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that “If you timely submitted a claim form, your check will be mailed to you within 30 business days of

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its receipt by the City.” (Dkt. 28-1, p. 20.)

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3.

These terms are inconsistent, and the parties intend that the Time for Performance

provision in paragraph 26 of the Settlement Agreement is controlling.
4.

Paragraph 26(b) of the parties’ Settlement Agreement provides that following the close of

the claims period, the City has 14 days to exercise its right to withdraw from the settlement, and if it does

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not do so, the parties will then jointly request that the Court enter an order dismissing the action with

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RENNE SLOAN HOLTZMAN SAKAI LLP
Attorneys at Law

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prejudice. (Dkt. 28-1, p. 8, ¶ 26(b).) The Court’s order approving the settlement states that “following

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the conclusion of the claims period, [the Court] anticipates dismiss[ing] this action with prejudice.”

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(Dkt. 30 at 2:17-18.) The parties seek to confirm that the Court will not dismiss this action based solely

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upon the passage of time and conclusion of the claims period, but only once the time for the City to

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exercise its right of withdrawal has expired and the parties have jointly applied for an order dismissing

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the action.

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5.

Based upon the foregoing, the parties stipulate to amend the Claim Form & Release to

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state that “If you timely submitted a claim form, your check will be mailed to you within 30 days of

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filing of the Court’s Order dismissing this action.” An updated version of the Claim Form & Release,

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containing the proposed change, is attached hereto as Exhibit A. The parties jointly request that the

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Court issue an order approving the modified Claim Form & Release attached hereto as Exhibit A, and

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issue an order confirming that this action will not be dismissed until the parties jointly request dismissal.

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IT IS SO STIPULATED.

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-1STIPULATION TO MODIFY CLAIM FORM AND CONFIRM PROCESS FOR DISMISSAL; ORDER Case No. 2:16-CV-01485-KJM-CKD

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Dated: June 2, 2017

MASTAGNI HOLSTEDT PC

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By: /s/ Ace. T. Tate (as authorized on 6/2/17)
Ace T. Tate

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Attorneys for Plaintiffs
MAT MUSTARD, et al.

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Dated: June 2, 2017

RENNE SLOAN HOLTZMAN SAKAI LLP

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By: /s/ Kevin P. McLaughlin
Kevin P. McLaughlin

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Attorneys for Defendant
CITY OF VALLEJO

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RENNE SLOAN HOLTZMAN SAKAI LLP
Attorneys at Law

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ORDER

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Based on the foregoing stipulation of the parties, and good cause appearing, the Court hereby

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approves the modified Claim Form & Release submitted herewith as Exhibit A. The Court confirms that,

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in accordance with the Settlement Agreement, the Court will not enter an order dismissing this action

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with prejudice until the parties jointly request that the Court enter such an order.

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IT IS SO ORDERED.
DATED: June 9, 2017.

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UNITED STATES DISTRICT JUDGE

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-2STIPULATION TO MODIFY CLAIM FORM AND CONFIRM PROCESS FOR DISMISSAL; ORDER Case No. 2:16-CV-01485-KJM-CKD