Bernal v. Zumiez, Inc.

Filing 72

ORDER SETTING CLASS ACTION SETTLEMENT signed by District Judge Stanley A. Bastian on 2/24/2022 ORDERING that The telephonic status conference on 2/25/2022 is STRICKEN. The parties shall file a Motion for Preliminary approval of class action settlem ent no later than 4/4/2022. The Court sets a videoconference hearing on the Motion for Preliminary approval of class action settlement on 4/26/2022 at 10:00 AM at 10:00 a.m. Assuming the Court grants preliminary approval of the class action settle ment, the Court sets a videoconference hearing for a final fairness hearing and final approval of class action settlement on 6/21/2022 at 10:00 a.m. No later than 6/6/2022, the parties shall file a motion for final approval of class action settlement and a Motion for attorneys' fees, costs, and enhancement award. No later than 6/6/2022, the settlement administrator shall file a Declaration of Due Diligence and Proof of Mailing.(Mena-Sanchez, L)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 AT SACRAMENTO 9 10 ALEXIA HERRERA, individually and on No. 2:16-CV-01802-SB 11 behalf of all others similarly situated, 12 Plaintiff, ORDER SETTING CLASS 13 v. ACTION SETTLEMENT 14 ZUMIEZ, INC., and DOES 1 through 10, SCHEDULE 15 inclusive, Defendants. 16 17 18 Before the Court is the parties’ Amended Joint Statement and Status 19 Certificate, ECF No. 71. Plaintiff is represented by Cody Kennedy and Stanley 20 Saltzman. Defendant is represented by Nathan Austin. The parties report that they have approved a long-form settlement agreement 21 22 that disposes of all of the claims in the actions, which is now awaiting final 23 signatures. The parties have also submitted a proposed scheduling for their class 24 action settlement. 25 // 26 // 27 // 28 // ORDER SETTING CLASS ACTION SETTLEMENT SCHEDULE # 1 1 Accordingly, IT IS HEREBY ORDERED: 2 1. The telephonic status conference on February 25, 2022 is 3 STRICKEN. 2. 4 The parties shall file a motion for preliminary approval of class action 5 settlement no later than April 4, 2022. 3. 6 The Court sets a videoconference hearing on the motion for 7 preliminary approval of class action settlement on April 26, 2022 at 10:00 a.m. 8 Case participants will be provided with separate call-in details by email from the 9 Court’s staff. 4. 10 If, after this hearing, the Court issues an Order Granting Preliminary 11 Approval of Class Action Settlement: a. The parties shall submit class member information to the settlement 12 13 administrator no later than fourteen (14) days after the entry of such 14 an Order. 15 b. The settlement administrator shall mail notice and notice of settlement 16 award form to class members no later than thirty (30) days after the 17 entry of such an Order. 18 i. If any class members wish to opt out of the settlement, class 19 members must postmark their requests for exclusion no later 20 than thirty (30) days after the settlement administrator has 21 mailed notice. 5. 22 Assuming the Court grants preliminary approval of the class action 23 settlement, the Court sets a videoconference hearing for a final fairness hearing 24 and final approval of class action settlement on June 21, 2022 at 10:00 a.m. Case 25 participants will be provided with separate call-in details by email from the Court’s 26 staff. 27 28 ORDER SETTING CLASS ACTION SETTLEMENT SCHEDULE # 2 1 a. No later than June 6, 2022, the parties shall file a motion for final 2 approval of class action settlement and a motion for attorneys’ fees, 3 costs, and enhancement award. 4 5 6 b. No later than June 6, 2022, the settlement administrator shall file a Declaration of Due Diligence and Proof of Mailing. IT IS SO ORDERED. The Clerk of Court is directed to enter this Order 7 and forward copies to counsel. 8 DATED this 24th day of February 2022. 9 10 11 12 13 ___________________________________ Stanley A. Bastian United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER SETTING CLASS ACTION SETTLEMENT SCHEDULE # 3

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