Westfall v. Ball Metal Beverage Container Corporation

Filing 108

STIPULATION and ORDER signed by Chief District Judge Kimberly J. Mueller on 2/8/22 RESETTING the final approval hearing to 5/27/22. The Motion for Final Approval and Motion for Award of Attorneys' Fees and Costs shall be filed 40 days in advance of the new Final Approval Hearing date. (Kastilahn, A)

1
2
3
4
5
6
7
8
9

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.

14

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]

15

Attorneys for Plaintiffs and the Class

10
11
12
13

16
17

UNITED STATES DISTRICT COURT

18

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

19
20

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

21
22
23
24
25

Plaintiffs,
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.

26
27
28

1
JOINT STIPULATION REQUESTING MODIFICATION OF THE COURT’S ORDER GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT; ORDER

1

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

2

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

3

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

4

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

5

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

6

Plaintiff’s Motion for Preliminary Approval of Class Action Settlement to allow the Settling Parties to

7

amend the notice packet and reset the notice period. In addition, the Settling Parties request that the final

8

approval hearing set for March 25, 2022 and related briefing schedule for Final Approval Motion and

9

Motion for Award of Attorneys’ Fees and Costs be reset in accordance with the new notice period.

10

IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:

11

1.

Pursuant to the Court’s September 16, 2021 Order granting Plaintiff’s Motion for

12

Preliminary Approval of Class Action Settlement, Settlement Class Members were to

13

have 45 days from the mailing of the notice packet to opt out of or object to the terms of

14

the Class Action Settlement. Class Members also have 45 days to submit disputes

15

concerning Defendant’s representation as to Class Member work weeks.

16

2.

The Claim Administrator mailed the notice packet on December 23, 2021. Therefore,

17

pursuant to this Court’s Order, Class Members were to have until February 6, 2022 to

18

submit opt outs, objections, or disputes as to Defendant’s work week counts (“objection

19

period”).

20

3.

The notice packet mailed out to the Settlement Class Members called for opt outs,

21

objections, and disputes to be submitted by January 14, 2022. As such, the notice period

22

provided in the notice packet incorrectly cut short the objection period by 23 days.

23

4.

ambiguous language at page 5, as well as some other minor scriveners’ errors.

24
25

Because of the timing defect above, the parties would also like to clarify potentially

5.

The Settling Parties therefore ask this Court to modify its Order to allow the Settling

26

Parties to reset the notice period and allow for an amended notice to be mailed to the

27

Settlement Class Members which will allow for the full 45 days to opt our or object to

28

2
JOINT STIPULATION REQUESTING MODIFICATION OF THE COURT’S ORDER GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT; ORDER

1

the class action settlement. Attached hereto as Exhibit “1” is a true and correct copy of

2

the proposed Amended Notice.
6.

3

The Settling Parties further request that the Final Approval Hearing set for March 25,

4

2022 be reset to a later date along with the briefing schedule for the Final Approval

5

Motion and Motion for Award of Attorneys’ Fees and Costs. The Settling Parties propose

6

resetting the Final Approval Hearing for 60 days from the March 25, 2022 date.

7
IN WITNESS WHEREOF, the parties hereto have caused this Joint Stipulation to be executed

8
9

by their duly authorized representatives. This Joint Stipulation may be executed in counterparts.

10
11

Date: 

FISHER & PHILLIPS LLP 

12
13

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

14
15
16
17

Date:

EASON & TAMBORNINI, ALC

18
19
20

MATTHEW R. EASON
KYLE K. TAMBORNINI
ERIN M. SCHARG
Attorneys for Plaintiffs and the Class

21
22
23
24
25
26
27
28

3
JOINT STIPULATION REQUESTING MODIFICATION OF THE COURT’S ORDER GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT; ORDER

ORDER

1
2

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

3

Approval of the Class Action Settlement—which will allow the Settling Parties to amend the notice

4

packet and reset the notice period, Final Approval Hearing, and related briefing schedule for the Motion

5

for Final Approval and Motion for Award of Attorneys’ Fees and Costs (“Joint Stipulation”)—is entered

6

into by Plaintiff Robert Westfall as the Representative Plaintiff (on behalf of himself and each member

7

of the Settlement Class) and Defendant Ball Metal Beverage Container Corp. The court has considered

8

the parties’ Joint Stipulation.

9

NOW THEREFORE, IT IS HEREBY ORDERED:

10

Under the facts and circumstances as presented, this court approves the Amended Notice and

11

resets the notice period. The Final Approval hearing is reset to May 27, 2022. The Motion for Final

12

Approval and Motion for Award of Attorneys’ Fees and Costs shall be filed 40 days in advance of the

13

new Final Approval Hearing date.

14
15

IT IS SO ORDERED.
DATED: February 8, 2022.

16
17
18
19
20
21
22
23
24
25
26
27
28

4
JOINT STIPULATION REQUESTING MODIFICATION OF THE COURT’S ORDER GRANTING PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT; ORDER