Rudolph v. UT Starcom et al

Filing 114

ORDER; setting preliminary approval of class settlement on 6/19/09. Signed by Judge Illston on 4/14/09. (ts, COURT STAFF) (Filed on 4/17/2009)

Case 3:07-cv-04578-SI

Document 113

Filed 04/13/2009

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Mark Punzalan (State Bar No. 247599) [e-mail] FINKELSTEIN THOMPSON LLP 100 Bush Street, Suite 1450 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Counsel for Lead Plaintiff James Bartholomew TERRY T. JOHNSON, State Bar No. 121569 ([e-mail]) BORIS FELDMAN, State Bar No. 128838 ([e-mail]) BAHRAM SEYEDIN-NOOR, State Bar No. 203244 ([e-mail]) CHERYL W. FOUNG, State Bar No. 108868 ([e-mail]) JENNY L. DIXON, State Bar No. 192638 ([e-mail]) BRYAN J. KETROSER, State Bar No. 239105 ([e-mail]) L. DAVID NEFOUSE, State Bar No. 243417 ([e-mail]) WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants UNITED STATES DISTRICT COURT

15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 18 19 20 21 22 23 Defendants. 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER STAYING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 3:07-CV-04578-SI vs. UTSTARCOM, HONG LIANG LU, YING WU, MICHAEL SOPHIE, FRANCIS BARTON, AND THOMAS TOY, PETER RUDOLPH, individually and on behalf of all others similarly situated, Plaintiff, Case No. 3:07-CV-04578-SI JOINT STIPULATION AND [PROPOSED] ORDER STAYING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

Case 3:07-cv-04578-SI

Document 113

Filed 04/13/2009

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WHEREAS, on March 13, 2009, Lead Plaintiff James R. Bartholomew ("Bartholomew") filed his Motion for Class Certification Pursuant to Fed. R. Civ. P. 23 (corrected version filed on March 16, 2009) ("class certification motion"); WHEREAS, the class certification motion is presently set for hearing before this Court on April 24, 2009; WHEREAS, the parties have agreed in principle to a settlement of this action, pending the Court's preliminary and final approval ("settlement"); WHEREAS, in light of the settlement, the parties request that the Court stay consideration of the class certification motion pending a forthcoming motion for preliminary approval of settlement and certification of a settlement class; WHEREAS, the parties intend to submit the proposed settlement for preliminary approval by May 14, 2009, with a proposed hearing date to consider preliminary approval of the settlement on or about June 19, 2009; NOW THEREFORE, the parties respectfully request, for good cause shown, that the Court stay consideration of the class certification motion pending a forthcoming motion for preliminary approval of settlement and certification of a settlement class. Dated: April 13, 2009 FINKELSTEIN THOMPSON LLP By: /s/ Mark Punzalan Mark Punzalan Counsel for Plaintiffs
Dated: April 13, 2009 WILSON SONSINI GOODRICH & ROSATI By: /s/ Bahram Seyedin-Noor Bahram Seyedin-Noor

Attorneys for Defendants

1 JOINT STIPULATION AND [PROPOSED] ORDER STAYING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 3:07-CV-04578-SI

Case 3:07-cv-04578-SI

Document 113

Filed 04/13/2009

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[PROPOSED] ORDER
IT IS HEREBY ORDERED THAT: Plaintiff's motion for class certification is STAYED pending a forthcoming motion for preliminary approval of settlement and certification of a settlement class. The parties shall submit a motion for preliminary approval of settlement by May 14, 2009, and the hearing for such motion shall be set for June 19, 2009. IT IS SO ORDERED.

4/14/09 Date:_____________________________

________________________________ The Honorable Susan Illston United States District Court Judge

I, Mark Punzalan, am the ECF User whose identification and password are being used to file the Joint Stipulation and [Proposed] Order Regarding Plaintiffs' Motion For Class Certification. I hereby attest that Bahram Seyedin-Noor has concurred in this filing. Dated: April 13, 2009 FINKELSTEIN THOMPSON LLP By: /s/ Mark Punzalan Mark Punzalan Attorney for Lead Plaintiff

2 JOINT STIPULATION AND [PROPOSED] ORDER STAYING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 3:07-CV-04578-SI