Tierno v. Rite Aid Corporation

Filing 223

STIPULATION AND ORDER re: individuals incorrectly listed as class members. Signed by Judge Thelton E. Henderson on 05/27/09. (rbe, COURT STAFF) (Filed on 5/28/2009)

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SCOTT EDWARD COLE, (Cal. State Bar No. 160744) MATTHEW R. BAINER (Cal. State Bar No. 220972) KEVIN R. ALLEN (Cal. State Bar No. 237994) SCOTT COLE & ASSOCIATES, APC 1970 Broadway, Ninth Floor Oakland, California 94612 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Representative Plaintiff Prag Tierno and the Plaintiff Class JEFFREY D. WOHL (Cal. State Bar No. 96838) JOHN C. POST (Cal. State Bar No. 233236) RISHI N. SHARMA (Cal. State Bar No. 239034) REGAN A.W. HERALD (Cal. State Bar No. 251879) PAUL, HASTINGS, JANOFSKY & WALKER LLP 55 Second Street, 24th Floor San Francisco, California 94105-3441 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendant Rite Aid Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

PRAG TIERNO, individually and on behalf of all others similarly-situated, Plaintiffs, vs. RITE AID CORPORATION, and DOES 1 through 25, inclusive, Defendants.

No. C-05-02520-TEH STIPULATION AND [PROPOSED] ORDER RE: INDIVIDUALS APPARENTLY INCORRECTLY LISTED AS CLASS MEMBERS AND DIRECTING NOTICE TO AFFECTED INDIVIDUALS

LEGAL_US_W # 61662931.3

STIP. RE: INCORRECTLY LISTED CLASS MEMBERS U.S.D.C., N.D. Cal., No. C-05-02520-TEH

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STIPULATION Plaintiff Prag Tierno and defendant Rite Aid Corporation ("Rite Aid"), through their respective counsel, hereby stipulate as follows: 1. On August 31, 2006, this Court certified the class in this action as consisting of:

all persons who are or have been employed by Rite Aid as Store Managers in the State of California from May 9, 2001, until the date of Preliminary Approval of the Settlement. (Docket No. 87.) 2. Pursuant to this certification order, and based on a list supplied by Rite Aid, on

February 17, 2007, the Notice Administrator mailed notice of this action and certification of the class to all individuals identified as Class Members. These individuals included Frank Cortright, Patricia

Kepley, Robin Knoblach, Glenda London, Agavni Turadzhikyan, and Dennis Vetica. 3. On April 22, 2009, the parties filed a Joint Motion for Preliminary Approval of Class

Action Settlement (Docket No. 215), and noticed it for hearing on June 1, 2009, at 10:00 a.m. 4. On May 22, 2009, the Court granted the parties' Joint Motion for Preliminary Approval

of Class Action Settlement without a hearing (Docket No. 221). 5. Pursuant to the Class Action Fairness Act of 2005 ("CAFA") 28 U.S.C. § 1715, and the

terms of the Settlement Agreement (see Settlement, § III.F.1.b., Exh. E), Rite Aid was required to give notice of the Settlement to the Attorney General of the United States and the appropriate officials of the states where Class Members are known to reside. 6. In the process of calculating the estimated shares for each Class Member for purposes of

the CAFA notice, Rite Aid determined for the first time that according to its personnel records, Frank Cortright, Patricia Kepley, Robin Knoblach, Glenda London, Agavni Turadzhikyan, and Dennis Vetica were not employed as Rite Aid Store Managers in the State of California during the period of May 9, 2001, to the present. Specifically, Rite Aid discovered that: a. b. c. d.
LEGAL_US_W # 61662931.3

Frank Cortright was a Store Manager from 1974 until 1997. Patricia Kepley was a Store Manager from 2000 until March 2001. Robin Knoblach was a Store Manager from 1985 until February 2001. Glenda London was a Store Manager from 1999 until January 2001.
STIP. RE: INCORRECTLY LISTED CLASS MEMBERS U.S.D.C., N.D. Cal., No. C-05-02520-TEH

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e. f.

Agavni Turadzhikyan was a Store Manager from 1989 until 1999. Dennis Vetica was a Store Manager from 1972 until 1998.

As a consequence, it appears that these individuals are not members of the Class and that

they erroneously were sent the February 17, 2007, notice of the class action. 8. The parties have conferred about this development. They agree that the Settlement

Administrator should send a letter, in the form evidenced by Exhibit A to this stipulation, to each of these six individuals informing them of their apparently erroneous inclusion in the Class and providing them with the opportunity to present evidence disputing Rite Aid's records that their employment as a Rite Aid Store Manager ended before the commencement of the class period. In the event that the Settlement Administrator determines that they are members of the Class, then they would be provided with notice of the Settlement and the opportunity to object to the Settlement. 9. its order.
26 Dated: May ___, 2009.

The parties believe there is good cause for this stipulation and ask the Court to adopt it as

SCOTT EDWARD COLE MATTHEW R. BAINER KEVIN R. ALLEN SCOTT COLE & ASSOCIATES, APC By:
/s/ Scott Edward Cole

Scott Edward Cole Attorneys for Representative Plaintiff and the Plaintiff Class
26 Dated: May ___, 2009.

JEFFREY D. WOHL JOHN C. POST RISHI N. SHARMA REGAN A.W. HERALD PAUL, HASTINGS, JANOFSKY & WALKER LLP By:
/s/ Jeffrey D. Wohl

Jeffrey D. Wohl Attorneys for Defendant Rite Aid Corporation

LEGAL_US_W # 61662931.3

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STIP. TO EXCLUDE INDIVIDUALS INCORRECTLY LISTED AS CLASS MEMBERS U.S.D.C., N.D. Cal., No. C-05-02520-TEH

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ORDER Based on the stipulation of the parties, and good cause appearing therefor, IT IS SO ORDERED. 27 Dated: May ___, 2009.

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Thelton E. Henderson United States District Judge

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STIP. RE: INCORRECTLY LISTED CLASS MEMBERS U.S.D.C., N.D. Cal., No. C-05-02520-TEH

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