Brady et al v. Deloitte & Touche LLP et al

Filing 190

ORDER FOR SUPPLEMENTAL CLASS NOTICE (tf, COURT STAFF) (Filed on 5/10/2011)

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MARKUN ZUSMAN & COMPTON LLP
JEFFREY K. COMPTON, State Bar No. 142969
DARIA DUB CARLSON, State Bar No. 150628
WILLIAM A. BAIRD, State Bar No. 192675
17383 Sunset Boulevard, Suite A380
Pacific Palisades, California 90272
Telephone:
[phone]
Facsimile:
[phone]
LAW OFFICE OF STEVEN ELSTER
STEVEN ELSTER, State Bar No. 227545
785/E2 Oak Grove Road, #201
Concord, CA 94518-3617
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs
JAMES BRADY, SARAH CAVANAGH
AND IVA CHIU

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MORRISON & FOERSTER LLP
LINDA E. SHOSTAK, State Bar No. 64599
JAMES E. BODDY, JR., State Bar No. 65244
425 Market Street
San Francisco, California 94105-2482
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
DELOITTE & TOUCHE LLP

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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Plaintiffs,
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vs.
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DELOITTE & TOUCHE LLP, a limited liability )
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partnership; and DOES 1-10, inclusive,
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Defendants
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JAMES BRADY, SARAH CAVANAGH, and
IVA CHIU, individually and on behalf of all
others similarly situated,

CASE NO.: C-08-00177 SI
STIPULATION AND [PROPOSED]
ORDER FOR SUPPLEMENTAL CLASS
NOTICE

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Stipulation And [Proposed] Order for Supplemental Class Notice
sf-2989267

Case. No. 3:08-Cv-00177-SI

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STIPULATION
Pursuant to Local Rule 7-12, Plaintiffs and Defendant, through their respective counsel,

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submit the following stipulation and [proposed] order for the Parties to mail a supplemental Class

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Notice to class members who have become part of the class since the prior Class Notice and to set a

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deadline for such class members to opt out.

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WHEREAS at the April 2, 2010 Case Management Conference the Court approved the

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Parties’ proposed class notice (“Class Notice”), ordered the Parties to mail the Class Notice to class

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members by May 14, 2010, and set June 30, 2010 as the deadline for class members to opt out; and

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the Class Notice was mailed to class members as ordered;

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WHEREAS on July 13, 2010, the Court entered a stipulated order providing that additional

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class members who inadvertently were not mailed a class notice on May 14, 2010 be mailed a class

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notice in the form of the Class Notice, but with an opt out deadline of September 1, 2010; and the

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Class Notice was mailed to such class members as ordered;

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WHEREAS at the request of Plaintiffs, Defendant has updated the list of class members to

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include 245 individuals who have become members of the class since the cut-off date used for the

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prior Class Notice mailings (“Additional Class Members”); and the Parties agree that the Additional

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Class Members should be mailed a class notice in the form of the Class Notice, but with an opt out

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deadline of July 1, 2011, to provide the Additional Class Members with an amount of time to

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consider the Class Notice and to elect to opt out that is comparable to what was provided to other

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class members pursuant to the prior Class Notice mailings.

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NOW THEREFORE, the parties hereby stipulate that the Court may enter an Order as
follows:
1.

The deadline for mailing class notices to the Additional Class Members shall be

no later than May 17, 2011;

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2.

The opt out deadline for the Additional Class Members shall be July 1, 2011;

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3.

The Class Notice shall be modified to reflect the new opt out deadline of July 1,

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2011, for Additional Class Members, but otherwise shall remain identical to the Class Notice
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Stipulation And [Proposed] Order for Supplemental Class Notice
sf-2989267

Case. No. 3:08-Cv-00177-SI

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previously approved by the Court.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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COUNSEL FOR PLAINTIFFS
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DATE: May 5, 2011

By:

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/s/ William A. Baird
WILLIAM A. BAIRD
JEFFREY K. COMPTON
Markun Zusman & Compton LLP
STEVE ELSTER
Law Office of Steve Elster

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COUNSEL FOR DEFENDANTS
DATE: May 5, 2011

By:

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/s/ James E. Boddy, Jr.
LINDA E. SHOSTAK
JAMES E. BODDY, JR.
Morrison & Foerster LLP

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ECF CERTIFICATION
I hereby attest that I have obtained concurrence regarding the filing of this document from
each of the signatories within the e-filed document.

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DATE: May 5, 2011

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By:

/s/ James E. Boddy, Jr.
James E. Boddy, Jr.

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ORDER

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PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS SO
ORDERED.

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5/6/11
DATED: ________________

____________________________
Honorable Susan Illston
United States District Court Judge

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Stipulation And [Proposed] Order for Supplemental Class Notice
sf-2989267

Case. No. 3:08-Cv-00177-SI