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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AT SACRAMENTO

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10 ALEXIA HERRERA, individually and on

No. 2:16-CV-01802-SB

11 behalf of all others similarly situated,
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Plaintiff,

ORDER SETTING CLASS

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v.

ACTION SETTLEMENT

14 ZUMIEZ, INC., and DOES 1 through 10,

SCHEDULE

15 inclusive,
Defendants.

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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

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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.
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ORDER SETTING CLASS ACTION SETTLEMENT SCHEDULE # 1

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Accordingly, IT IS HEREBY ORDERED:

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1.

The telephonic status conference on February 25, 2022 is

3 STRICKEN.
2.

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The parties shall file a motion for preliminary approval of class action

5 settlement no later than April 4, 2022.
3.

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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.

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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

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administrator no later than fourteen (14) days after the entry of such

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an Order.

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b. The settlement administrator shall mail notice and notice of settlement

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award form to class members no later than thirty (30) days after the

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entry of such an Order.

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i. If any class members wish to opt out of the settlement, class

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members must postmark their requests for exclusion no later

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than thirty (30) days after the settlement administrator has

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mailed notice.
5.

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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.
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ORDER SETTING CLASS ACTION SETTLEMENT SCHEDULE # 2

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a. No later than June 6, 2022, the parties shall file a motion for final

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approval of class action settlement and a motion for attorneys’ fees,

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costs, and enhancement award.

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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

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DATED this 24th day of February 2022.

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___________________________________
Stanley A. Bastian
United States District Judge

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ORDER SETTING CLASS ACTION SETTLEMENT SCHEDULE # 3