Westfall v. Ball Metal Beverage Container Corporation

Filing 106

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 11/2/2021 GRANTING MODIFICATION re 104 Order on Motion for Preliminary Injunction to change the settlement administrator entered into by Plaintiff Robert Westfall as the Representative Plaintiff (on behalf of himself and each member of the Settlement Class) and Defendant Ball Metal Beverage Container Corp. Under the facts and circumstances of this case, as presented by the parties, this court approves the substitution of Kroll Settlement Administration for Heffler Claims Group as the Settlement Administrator. (Mena-Sanchez, L)

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John K. Skousen (SBN 192581)
[e-mail]
Jason A. Geller (SBN 168149)
[e-mail]
Aaron M. Cargain (SBN 281336)
[e-mail]
FISHER & PHILLIPS LLP
One Embarcadero Center, Suite 2050
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
BALL METAL BEVERAGE CONTAINER CORP.

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Matthew R. Eason, Esq., SBN 160148
[e-mail]
Kyle K. Tambornini, Esq., SBN 160538
[e-mail]
EASON & TAMBORNINI, ALC
1234 H Street, Suite 200
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs and the Class

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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ROBERT WESTFALL, DAVID E.
ANDERSON, LYNN BOBBY, and DAVID
ELLINGER,
Plaintiffs,

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v.
BALL METAL BEVERAGE CONTAINER
CORP.,

Case No: 2:16-cv-02632-KJM-CKD
JOINT STIPULATION REQUESTING
MODIFICATION OF THE COURT’S
ORDER GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT; ORDER

Defendant.

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JOINT STIPULATION REQUESTING MODIFICATION OF THE COURT’S ORDER GRANTING
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

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This Joint Stipulation Requesting Modification of the Court’s Order Granting Preliminary

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Approval of the Class Action Settlement (“Joint Stipulation”) is entered into by Plaintiff Robert Westfall

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as the Representative Plaintiff (on behalf of himself and each of the Settlement Class Members) and

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Defendant Ball Metal Beverage Container Corp. (Plaintiff and Defendant are collectively referred to as

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“Settling Parties”). The Settling Parties ask this Court to modify its September 16, 2021 Order granting

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Plaintiff’s Motion for Preliminary Approval of Class Action Settlement to name Kroll Settlement

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Administration as the Class Administrator instead of Heffler Claims Group.

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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:

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1.

The Settlement Administrator as approved by the Court pursuant to its September 16,

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2021 Order granting Plaintiff’s Motion for Preliminary Approval of Class Action Settlement is Heffler

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Claims Group (“Heffler”).

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2.

Kroll Settlement Administration acquired Heffler.

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3.

The Settling Parties therefore ask this Court to modify its Order to substitute Kroll

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Settlement Administration as the Settlement Administrator instead of Heffler.
IN WITNESS WHEREOF, the parties hereto have caused this Joint Stipulation to be executed
by their duly authorized representatives. This Joint Stipulation may be executed in counterparts.

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Date: October 29, 2021 

FISHER & PHILLIPS LLP 

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/s/ Aaron M. Cargain
JOHN K. SKOUSEN
JASON A. GELLER
AARON M. CARGAIN
Attorneys for Defendant
BALL METAL BEVERAGE CONTAINER CORP.

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Date: October 29, 2021

EASON & TAMBORNINI, ALC
/s/ Matthew R. Eason (as authorized on 10/29/21)
MATTHEW R. EASON
KYLE K. TAMBORNINI
Attorneys for Plaintiffs and the Class

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JOINT STIPULATION REQUESTING MODIFICATION OF THE COURT’S ORDER GRANTING
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

ORDER

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The court has considered the parties’ Joint Stipulation Requesting Modification of the
September 16, 2021 Order

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Court’s

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Settlement, ECF No. 104, to change the settlement administrator entered into by Plaintiff Robert

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Westfall as the Representative Plaintiff (on behalf of himself and each member of the Settlement

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Class) and Defendant Ball Metal Beverage Container Corp. Under the facts and circumstances

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of this case, as presented by the parties, this court approves the substitution of Kroll Settlement

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Administration for Heffler Claims Group as the Settlement Administrator. This order resolves

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ECF No. 105.

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Granting

Preliminary

Approval of the Class Action

IT IS SO ORDERED:
Dated: November 2, 2021.

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JOINT STIPULATION REQUESTING MODIFICATION OF THE COURT’S ORDER GRANTING
PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT