Bykov v. DC Transportation Services, Inc.

Filing 15

ORDER signed by Magistrate Judge Deborah Barnes on 1/13/19 ORDERING that plaintiff shall file a motion for Preliminary Approval of Class Action Settlement on or before 2/11/2019. (Kastilahn, A)

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ACKERMANN & TILAJEF, P.C.
Craig J. Ackermann (SBN 229832)
[e-mail]
1180 South Beverly Drive, Suite 610
Los Angeles, California 90035
Telephone: [phone]
Facsimile: [phone]
MELMED LAW GROUP P.C.
Jonathan Melmed (SBN 290218)
[e-mail]
1180 South Beverly Drive, Suite 610
Los Angeles, California 90035
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and the Putative Class

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[Additional Counsel on Next Page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VALERIY BYKOV, individually and on
behalf of all others similarly situated,

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Plaintiff,
v.

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DC TRANSPORT, INC., a California
Transport Company; DC TRANSPORT,
INC., a Texas Corporation; DC
TRANSPORTATION SERVICES, INC.
dba DC TRANSPORT state of
corporation unknown; and DOES 1 to 10
inclusive,
Defendants.

No. 2:18-cv-01691 DB
JOINT STIPULATION
REQUESTING PRELIMINARY
APPROVAL OF CLASS
ACTION SETTLEMENT
FILING DATE; AND ORDER

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MEDINA McKELVEY LLP
Brandon R. McKelvey (SBN 217002)
[e-mail]
Timothy B. Nelson (SBN 235279)
[e-mail]
983 Reserve Drive
Roseville, California 95678
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant DC TRANSPORTATION SERVICES, INC., dba DC
TRANSPORT (also erroneously sued as DC Transport, a California Transport
Company and DC Transport, a Texas Corporation)

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WHEREAS, on November 12, 2018, the Parties participated in mediation and
reached a settlement of the matter on a classwide basis. At the conclusion of mediation,
the parties entered into a Memorandum of Understanding (“MOU”) which set forth the
basic terms of the settlement;
WHEREAS, on November 29, 2018, the Parties filed with this Court their
Stipulation for Reassignment to Magistrate Judge For All Purposes (Doc. No. 12);
WHEREAS, on December 12, 2018, the Court issued its Minute Order (Doc. No.
13) ordering Counsel to file settlement/dismissal documents no later than 30 days from
the date of the Minute Order;
WHEREAS, on December 12, 2018, the Courtroom Deputy to Honorable

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Deborah Barnes sent an email to Plaintiff’s Counsel Jonathan Melmed and to

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Defendant’s Counsel Timothy Nelson, wherein the Courtroom Deputy to Honorable

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Deborah Barnes asked Counsel how much time was needed to finalize the settlement
documents.
WHEREAS, on December 12, 2018, after receiving the email from the

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Courtroom Deputy to Honorable Deborah Barnes, both Plaintiff’s Counsel and

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Defendant’s Counsel requested that the Parties file their settlement papers within 60

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days (i.e. by February 10, 2019);
WHEREAS, the Parties are still in the process of finalizing the terms of the longform settlement agreement, and anticipate finalizing the long-form settlement
agreement and fully executing it within the next 10 days.
WHEREAS, the Parties jointly request that the Court allow the Parties until
February 11, 2018 to file the Motion for Preliminary Approval of Class Action
Settlement;
NOW THEREFORE, the Parties agree and hereby stipulate, subject to Court
approval, that (1) the long-form settlement agreement shall be finalized and fully
executed within the next 10 days and (2) Plaintiff shall file his Motion for Preliminary

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Approval on or before February 11, 2019.

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Dated: January 11, 2019

/s/ Timothy B. Nelson as authorized on
8/15/2018
Timothy B. Nelson, Esq.
Branson R. McKelvey, Esq.
MEDINA MCKELVEY LLP
Attorneys for Defendants

Dated: January 11, 2019

/s/ Jonathan Melmed
Jonathan Melmed, Esq.
MELMED LAW GROUP P.C.
Craig J. Ackermann, Esq.
ACKERMAN & TILAJEF, P.C.
Attorneys for Plaintiff

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Local Rule 131 Attestation
Pursuant to Local Rule 131(e), I attest that all of the signatories listed above
concur in this filing’s contents and have authorized the filing of this document.

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/s/ Jonathan Melmed
Jonathan Melmed, Esq.

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ORDER

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Pursuant to the parties’ stipulation, IT IS HEREBY ORDERED that plaintiff

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shall file a motion for Preliminary Approval of Class Action Settlement on or before

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February 11, 2019.

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Dated: January 13, 2019

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DLB:6
DB/orders/orders.consent/bykov1691.stip.dispo.docs.ord

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