Wixon et al v. Wyndham Resort Development Corp., et al

Filing 1090

ORDER APPROVING AS MODIFIED #1085 Stipulation re Opt-Out Letters. Signed by Judge Jeffrey S. White on July 14, 2011. (jswlc3, COURT STAFF) (Filed on 7/14/2011)

Case3:07-cv-02361-JSW Document1085

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Filed07/14/11 Page1 of 5

Jonathan K. Levine (State Bar No. 220289)
[e-mail]
Elizabeth C. Pritzker (State Bar No. 146267)
[e-mail]
Todd I. Espinosa (State Bar No. 209591)
[e-mail]
GIRARD GIBBS LLP
601 California Street
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
Class Counsel and
Attorneys for Plaintiffs Clarke and Rebecca Wixon,
Norman and Barbara Wixon, and Kandice Scattolon
[Additional counsel appear on signature page]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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CLARK and REBECCA WIXON, NORMAN
and BARBARA WIXON, and KANDICE
SCATTOLON, derivatively and on behalf of
themselves and all others similarly situated,

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Plaintiffs,
v.

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WYNDHAM RESORT DEVELOPMENT
CORP. (f/k/a Trendwest Resorts, Inc.),

Case No. C 07-2361 JSW (BZ)
STIPULATION AND [PROPOSED]
ORDER REGARDING ECF/CM
POSTING OF CLASS MEMBER OPTOUT LETTERS MAILED TO THE
COURT AS MODIFIED
Class Action

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Defendant.

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STIPULATION AND [PROPOSED] ORDER REGARDING ECF/CM POSTING OF CLASS MEMBER
OPT-OUT LETTERS MAILED TO THE COURT
CASE NO. C 07 2361 JSW (BZ)

Case3:07-cv-02361-JSW Document1085

Filed07/14/11 Page2 of 5

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WHEREAS, Plaintiffs Clarke and Rebecca Wixon, Norman and Barbara Wixon, and Kandice

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Scattolon (collectively, “Plaintiffs”) and Defendant Wyndham Resort Development Corp.

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(“Wyndham”) (collectively, the “Parties”) have reached a proposed settlement of the above-captioned

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class action, which the Court preliminarily approved on December 3, 2010 (Dkt. No. 668);

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WHEREAS, Class Counsel has caused written notice of the settlement in the form approved by

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the Court (the “Class Notice”) to be mailed to all members of the Class in accordance with the Court’s

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April 19, 2011 order (Dkt. No. 683);

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WHEREAS, the Class Notice and the Court’s April 19, 2011 order provided that Class members
were permitted to opt-out of the settlement by mailing a written opt-out letter to Class Counsel;

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WHEREAS, counsel for the Parties have become aware that, despite the procedure set forth in

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the Class Notice, a small group of Class members advised other Class members to mail copies of their

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opt-out letters to the Court in addition to Class Counsel. As a result, Class members have mailed opt-

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out letters to the Court in addition to Class Counsel, which has resulted in a significant and unnecessary

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administrative burden on the Court and its clerical staff related to the scanning and posting of such opt-

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out notices on the Court’s ECF/CM system;

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IT IS HEREBY STIPULATED AND AGREED by and between the undersigned parties, by and

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through their respective counsel, and subject to approval of the Court, that, in accordance with General

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Order 45, § VII, any opt-out letters that have been lodged with or submitted to the Court need not be

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scanned and posted on the Court’s ECF/CM system.

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IT FURTHER IS HEREBY STIPULATED AND AGREED, subject to approval of the Court,

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that on or before July 22, 2011, Class Counsel will file with the Court a report identifying all Class

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members who have requested exclusion from, or opted-out of, the proposed settlement in accordance

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with the procedures set forth in the Class Notice and the Court’s April 19, 2011 order.

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STIPULATION AND [PROPOSED] ORDER REGARDING ECF/CM POSTING OF CLASS MEMBER
OPT-OUT LETTERS MAILED TO THE COURT
CASE NO. C 07 2361 JSW (BZ)

Case3:07-cv-02361-JSW Document1085

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Dated: July 14, 2011

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Filed07/14/11 Page3 of 5

Respectfully submitted,
GIRARD GIBBS LLP

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By:

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/s/ Elizabeth C. Pritzker
Elizabeth C. Pritzker

Jonathan K. Levine
Todd I. Espinosa
GIRARD GIBBS, LLP
601 California Street, 14th Floor
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]

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Class Counsel and
Attorneys for Plaintiffs Clarke and Rebecca Wixon, Norman
and Barbara Wixon, and Kandice Scattolon

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James Helfrich (admitted pro hac vice)
ALLEN & VELLONE PC
1600 Stout Street
Suite 1100
Denver, Colorado 80202
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs Clarke and Rebecca Wixon, Norman
and Barbara Wixon, and Kandice Scattolon

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Dated: July 14, 2011

TROUTMAN SANDERS, LLP
By:

/s/ J.Kirk Quillian
J.Kirk Quillian

A. William Loeffler
5200 Bank of America Plaza
600 Peachtree Street, N.E.
Atlanta, Georgia 30308-2216
Telephone: [phone]
Facsimile: [phone]

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STIPULATION AND [PROPOSED] ORDER REGARDING ECF/CM POSTING OF CLASS MEMBER
OPT-OUT LETTERS MAILED TO THE COURT
CASE NO. C 07 2361 JSW (BZ)

Case3:07-cv-02361-JSW Document1085

Filed07/14/11 Page4 of 5

Stephen M. Hankins
Jeffrey V. Commisso
SCHIFF HARDIN LLP
One Market, Spear Street Tower, 32nd Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant Wyndham Resort
Development Corporation

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. , as modified below.

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July 14, 2011
DATED: ____________

____________________________________
The Honorable Jeffrey S. White
UNITED STATES DISTRICT JUDGE

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The Clerk shall make one entry per day of any opt-out letters that have been received,
and shall docket it as "Opt Out Letters Received on ___________ (appropriate date to be
filled in). The originals of any opt-out letters shall be maintained in the Court file.

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STIPULATION AND [PROPOSED] ORDER REGARDING ECF/CM POSTING OF CLASS MEMBER
OPT-OUT LETTERS MAILED TO THE COURT
CASE NO. C 07 2361 JSW (BZ)