Gomez v. Perot Systems Corporation

Filing 58

ORDER re: Amendment of Notice. Signed by Judge Samuel Conti on 10/4/2010. (sclc2, COURT STAFF) (Filed on 10/4/2010)

CHAVEZ & GERTLER LLP 1 JONATHAN E. GERTLER (Bar. No. 111531) 2 CHRISTIAN SCHREIBER (Bar No. 245597) 42 Miller Avenue 3 Mill Valley, CA 94941 Tel: [phone] Fax: [phone] SCHNEIDER WALLACE 5 COTTRELL BRAYTON KONECKY LLP 6 TODD M. SCHNEIDER (Bar No. 158253) JOSHUA G. KONECKY (Bar No. 182897) 7 LISA M. BOWMAN (Bar No. 253843) 180 Montgomery Street, Suite 2000 8 San Francisco, CA 94104 Tel: [phone] Fax: [phone] Attorneys for Plaintiff ANGELITA GOMEZ and the proposed class 11 JACKSON LEWIS LLP JOANNA L. BROOKS (Bar No. 182986) 12 ANNE V. LEINFELDER (Bar No. 230272) DOUGLAS M. BRIA (Bar No. 226966) 13 199 Fremont Street, 10th Floor 14 San Francisco, CA 94105 Tel: [phone] Fax: [phone] THE MILLER LAW GROUP 16 TIMOTHY C. TRAVELSTEAD (Bar No. 215260) 111 Sutter Street 17 San Francisco, CA 94104-4547 18 Tel: [phone] Fax: [phone] Attorneys for Defendant PEROT SYSTEMS CORPORATION 20 21 22 23 24 25 ANGELITA GOMEZ, Plaintiff, vs. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. CV-08-03337 SC STIPULATION AND [PROPOSED] ORDER REGARDING AMENDMENT OF NOTICE Complaint filed: May 27, 2008 The Honorable Samuel Conti

PEROT SYSTEMS CORPORATION, a 26 Delaware Corporation; and DOES 1 to 50, 27 28 Defendants.

STIPULATION AND [PROPOSED] ORDER TO AMEND THE CLASS NOTICE Gomez v. Perot Systems Corp., Case No. CV-08-03337 SC

1

WHEREAS, on September 20, 2010, the Court granted Plaintiff's Motion for Preliminary

2 Approval of the Class Action Settlement; 3 WHEREAS, the Claims Administrator has prepared Notice to be mailed to the Class on

4 October 8, 2010, which is the date provided in the Court's Preliminary Approval Order for mailing 5 Notice; 6 WHEREAS, the form of Notice approved by the Court contains the following sentence

7 (identified below), and which the parties wish to delete because it was included by mistake from an 8 earlier draft of the Notice: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Dated: 25 26 27 28 By: September 27, 2010 1. 14. When will I receive my payment? Following final approval, discussed above, there may be appeals. It's always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year. Everyone who sends in a class form will be informed of the progress of the settlement. Please be patient. WHEREAS, the parties wish to delete this sentence because there is no "class form" in this case. Rather, under the terms of the Settlement Agreement, Class Members are entitled to receive payment automatically without filing any claim form (though they may challenge their estimated award or otherwise object to the settlement). Thus, reference to a "class form," which was inadvertently retained from a previous draft of the Notice, is unnecessary and my cause confusion for class members. STIPULATION AND JOINT REQUEST IT IS STIPULATED between the parties that the draft Notice approved by the Court

be amended to remove the sentence, "Everyone who sends in a class form will be informed of the progress of the settlement." Respectfully Submitted, SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY LLP /s/ Joshua G. Konecky

Joshua G. Konecky Class Counsel
STIPULATION AND [PROPOSED] ORDER TO AMEND THE CLASS NOTICE Gomez v. Perot Systems Corp., Case No. CV-08-03337 SC

October 4