Ellis v. Costco Wholesale Corporation

Filing 754

STIPULATION AND ORDER re 753 STIPULATION WITH PROPOSED ORDER (CORRECTED) Regarding Extension of Deadlines for Filing (1) Motion for Preliminary Settlement Approval and (2) Motion for Attorneys' Fees and Costs filed by Costco Wh olesale Corporation, Set/Reset Deadlines as to 753 STIPULATION WITH PROPOSED ORDER (CORRECTED) Regarding Extension of Deadlines for Filing (1) Motion for Preliminary Settlement Approval and (2) Motion for Attorneys' Fees and Costs. Motions due by 12/17/2013. Motion Hearing (Prelminary approval of settlement) set for 2/6/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Motion Hearing (attorney's fees)set for 3/13/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 12/10/13. (bpf, COURT STAFF) (Filed on 12/10/2013)

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THE IMPACT FUND
Jocelyn D. Larkin (SBN 110817)
Robert Schug (SBN 249640)
125 University Avenue, Suite 102
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]
[e-mail]

SEYFARTH SHAW LLP
Kenwood C. Youmans (SBN 68258)
David D. Kadue (SBN 113578)
2029 Century Park East, Suite 3500
Los Angeles, California 90067-2901
Telephone: [phone]
Facsimile: [phone]
[e-mail]

LEWIS, FEINBERG, LEE,
RENAKER & JACKSON, P.C.
Bill Lann Lee (SBN 108452)
Lindsay Nako (SBN 239090)
476 9th Street
Oakland, CA 94607
Telephone: [phone]
Facsimile: [phone]
[e-mail]

SEYFARTH SHAW LLP
Gerald L. Maatman (admitted pro hac vice)
Annette Tyman (admitted pro hac vice)
131 South Dearborn Street
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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[Additional Counsel Listed on
Signature Page]

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Attorneys for Plaintiffs and Certified Classes

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SEYFARTH SHAW LLP
Thomas J. Wybenga (admitted pro hac vice)
c/o Costco Wholesale Corporation
999 Lake Drive
Issaquah, WA 98027-5367
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendant Costco Wholesale
Corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHIRLEY "RAE" ELLIS, et al.,

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Plaintiffs,
v.
COSTCO WHOLESALE CORPORATION

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Defendant.

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Case No. C04 3341 EMC
[CORRECTED] STIPULATION AND
[PROPOSED] ORDER REGARDING
EXTENSION OF DEADLINES FOR
FILING (1) MOTION FOR
PRELIMINARY SETTLEMENT
APPROVAL AND (2) MOTION FOR
ATTORNEYS’ FEES AND COSTS

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[CORRECTED] STIP. AND [PROPOSED] ORDER RE: FILING DEADLINES
Case No.: C04 3341 EMC
16537573v.1

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STIPULATION
On October 11, 2013, the Parties filed a joint stipulation informing the Court of their

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agreement on the principal terms of a proposed class settlement in this matter. (ECF No. 748.)

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At that time, the Parties anticipated that 60 days would be needed to prepare the final agreement,

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the motion for preliminary approval, and Plaintiffs’ motion for reasonable attorneys’ fees and

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costs. (Id.) The Court granted the Parties’ stipulation on October 16, 2013, setting the deadline

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for filing on December 10, 2013. (ECF No. 749.)

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On December 2, 2013, the Court’s deputy instructed the parties to set the motion for
preliminary approval of the settlement for hearing on February 6, 2014.
The Parties have worked diligently and cooperatively to prepare the final settlement

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agreement. Counsel are finalizing several aspects of the agreement and also in the process of

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conferring regarding Plaintiffs’ request for attorneys’ fees and costs, as required by Civil Local

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Rule 54-5(a). In light of the above, the Parties request that the Court move the deadline for filing

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the motions by one week to December 17, 2013. Because the preliminary approval motion will

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not be heard until February 6, 2013, modification of these deadlines will have no effect on the

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schedule for the case.

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Therefore, Counsel for Plaintiffs and the Certified Classes and Defendant Costco
Wholesale Corporation stipulate as follows:
1. Plaintiffs will file a motion for preliminary settlement approval and a motion for

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reasonable attorneys’ fees and costs on or before December 17, 2013;
2. The motion for preliminary settlement approval will be set for hearing on February 6,

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2014;
3. Costco may file an opposition to Plaintiffs’ motion for attorneys’ fees and costs on or

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before January 24, 2014.
4. Plaintiffs may file a reply brief in support of their motion for attorneys’ fees and costs

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on or before February 24, 2014.

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16537573v.1

[CORRECTED] STIP. AND [PROPOSED] ORDER RE: FILING DEADLINES
Case No.: C04 3341 EMC

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5. The Court will set the date for hearing on the motion for attorneys’ fees and costs, if

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appropriate, in connection with preliminary approval of the settlement.

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IT IS SO STIPULATED.
Dated: December 5, 2013

/s/ Jocelyn D. Larkin
Counsel for Plaintiffs

Dated: December 5, 2013

/s/ David D. Kadue
Counsel for Defendant

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Additional Counsel for Plaintiffs:

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LIEFF, CABRASER, HEIMANN
& BERNSTEIN, LLP
Kelly Dermody (SBN 171716)
Daniel Hutchinson (SBN 239458)
Embarcadero Center West
275 Battery Street, 30th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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DAVIS, COWELL & BOWE, LLP
Steve Stemerman (SBN 067690)
Elizabeth A. Lawrence (SBN 111781)
595 Market Street, #1400
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
ALTSHULER BERZON LLP
James M. Finberg (SBN 114850)
177 Post Street, Suite 300
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Additional Counsel for Defendant

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SEYFARTH SHAW LLP
David B. Ross (admitted pro hac vice)
620 8th Avenue
32nd Floor
New York, New York 10018
[phone]
[e-mail]

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16537573v.1

[CORRECTED] STIP. AND [PROPOSED] ORDER RE: FILING DEADLINES
Case No.: C04 3341 EMC

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The Court orders as follows:

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
1. Plaintiffs shall file a motion for preliminary settlement approval and a motion for

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reasonable attorneys’ fees and costs on or before December 17, 2013.

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2. The motion for preliminary settlement approval will be set for hearing on February 6,

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2014.

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3. Costco may file an opposition to Plaintiffs’ motion for attorneys’ fees and costs on or

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before January 24, 2014.

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4. Plaintiffs may file a reply brief in support of their motion for attorneys’ fees and costs

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on or before February 24, 2014. The hearing for this motion is set for

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March 13, 2014 at 1:30 p.m.

5. The deadlines set in the Court’s Order of October 16, 2013, (ECF No. 749), are

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hereby vacated.
Dated:

December 10, 2013

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IT IS S
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Honorable Edward M. Chen
UNITED STATESORDEREDCOURT
DISTRICT

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16537573v.1

[CORRECTED] STIP. AND [PROPOSED] ORDER RE: FILING DEADLINES
Case No.: C04 3341 EMC