Barnes v. AT&T Pension Benefit Plan-NonBargained Program

Filing 343

STIPULATION AND ORDER re 341 JOINT STATEMENT, STIPULATION AND [PROPOSED] ORDER REGARDING ISSUANCE OF CLASS NOTICE RE PARTIAL DISMISSAL OF CLAIMS filed by Quiller Barnes. Signed by Judge Edward M. Chen on 1/14/13. (bpf, COURT STAFF) (Filed on 1/14/2013)

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COHEN MILSTEIN SELLERS & TOLL PLLC
R. Joseph Barton (CA State Bar No. 212340)
Email: [e-mail]
Bruce F. Rinaldi (CA State Bar No. 55133)
Email: [e-mail]
1100 New York Avenue, N.W.
West Tower, STE 500
Washington, DC20005
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff & the Class
QUILLER BARNES

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PAUL HASTINGS LLP
Patrick W. Shea (NY State Bar No. 4587176), Pro Hac Vice
Email: [e-mail]
75 East 55th Street
New York, NY10022
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant

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AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM

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[Additional counsel listed on next page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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QUILLER BARNES,
Plaintiff,

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vs.
AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM,

CASE NO. 08-04058 EMC
JOINT STATEMENT, STIPULATION
AND [PROPOSED] ORDER
REGARDING ISSUANCE OF CLASS
NOTICE RE PARTIAL DISMISSAL OF
CLAIMS

Defendant.

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Case No. 08-04058 EMC

1633062.1 1

JOINT STATEMENT, STIPULATION AND
PROPOSED ORDER RE ISSUANCE OF
CLASS NOTICE RE PARTIAL DISMISSAL
OF CLAIMS

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SPRINGER-SULLIVAN & ROBERTS LLP
Michelle L. Roberts (CA State Bar No. 239092)
Email: [e-mail]
410 – 12th Street, Suite 325
Oakland, CA94607
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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QUILLER BARNES

PAUL HASTINGS LLP
Stephen H. Harris (CA State Bar No. 184608)
Email: [e-mail]
M’Alyssa C. Mecenas (CA State Bar No. 272075)
Email: [e-mail]
515 South Flower Street, 25th Floor
Los Angeles, CA90071
Telephone: [phone]
Facsimile: [phone]

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PAUL HASTINGS LLP
Regan A.W. Herald (CA State Bar No. 251879)
875 15th Street, N.W.
Washington, DC20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant

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AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM

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Case No. 08-04058 EMC

-11633062.1 1

JOINT STATEMENT, STIPULATION AND
PROPOSED ORDER RE ISSUANCE OF
CLASS NOTICE RE PARTIAL DISMISSAL
OF CLAIMS

Plaintiff Quiller Barnes and Defendant AT&T Pension Benefit Plan – Nonbargained

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Program (collectively referred to as the “Parties”), acting through their respective counsel of record,

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hereby stipulate as follows regarding the issuance of class notice:

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WHEREAS, by Order dated January 2, 2013, the Court directed the Parties to issue notice to

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the Class in the form attached as an exhibit to the Parties’ joint letter of December 19, 2012 at

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Docket No. 337 (exhibit) (“Class Notice”). (D.E. #340).

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WHEREAS, the Court further directed that upon the mailing of the Class Notice, the Parties

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should file a statement with the Court identifying (1) the date that the notice was mailed and (2) the

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date by which a party must intervene (i.e., 45 days following the date of mailing). Id.

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WHEREAS, on January 7, 2013, Plaintiff’s counsel prepared the Class Notice for mailing.

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The Class Notice was modified to inform Class Members that the deadline to intervene is Thursday,

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February 21, 2013, calculated as 45 days following the date of mailing.

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WHEREAS, the Class Notice that was approved by the Court at Docket No. 337 (exhibit)

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did not include a deadline by which a Class Member must object or oppose a fee motion by Plaintiff,

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but rather left a blank in the form. (See D.E. #337 at No. 8.)

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WHEREAS, counsel for the Parties conferred regarding Class Members’ deadline to submit

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any objection or opposition to Plaintiff’s fee motion and agreed that Class Members would be given

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10 days to object or oppose the fee motion, in order to provide Defendant sufficient time to address

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any objection in its response to Plaintiff’s fee motion, which would be due within 14 days of

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Plaintiff’s filing.

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WHEREAS, upon revising the Class Notice to add “10” for the number of days following

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the filing of Plaintiff’s anticipated fee motion for Class Members’ deadline to oppose or object to

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Plaintiff’s fee motion, Plaintiff’s counsel inadvertently also changed the deadline by when Plaintiff

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must file a fee motion from 14 days to 10 days from final entry of judgment (unless a different time is

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allowed by the Court). Before the inadvertent change was discovered, the Class Notices had been

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delivered to the post office.

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WHEREAS, the Parties do not believe that any Class Member will be prejudiced by receiving
a Class Notice that indicates Plaintiff has four fewer days to file a fee opposition than he really has,
Case No. 08-04058 EMC

-21633062.1 1

JOINT STATEMENT, STIPULATION AND
PROPOSED ORDER RE ISSUANCE OF
CLASS NOTICE RE PARTIAL DISMISSAL
OF CLAIMS

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especially in light of (1) Fed. R. Civ. P. 54(d)(2)(B) and Civil Local Rule 54-5 providing that motions

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for awards of attorney’s fees by the Court must be served and filed within 14 days of entry of

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judgment by the District Court; (2) Class Counsel’s posting of the Class Notice on its website with

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the correct deadline by when Plaintiff must file his fee motion; and (3) that Class Counsel represents

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that it will post a notice on its website regarding the filing of Plaintiff’s fee motion.

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WHEREAS, the Parties believe that the potential of confusion of sending a corrective notice
containing a minor change outweighs the benefit of sending such a notice.

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WHEREAS, the Parties seek an order from the Court excusing Class Counsel from issuing

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corrective notice which would inform the Class Members that Plaintiff will file a fee motion within

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14 days, rather than 10 days, of entry of final judgment.

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WHEREAS, the Parties seek an order from the Court approving the 10-day time frame for

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Class Members to oppose or object to such a fee motion specified in the Class Notice (which time

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Class Counsel has agreed is an appropriate amount of time for its clients to file any such an

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objection).

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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:

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(1) Neither Party is required to issue a notice informing the Class Members that Plaintiff has
14, rather than 10, days from entry of final judgment to file a fee motion.

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(2) Class Counsel shall post on its website a version of the Class Notice which indicates that
Plaintiff may file a fee motion within 14 days of entry of final judgment.

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(3) The 10 days specified in the Class Notice for the Class Members to oppose or object to
Plaintiff’s fee motion is sufficient time.

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Case No. 08-04058 EMC

-31633062.1 1

JOINT STATEMENT, STIPULATION AND
PROPOSED ORDER RE ISSUANCE OF
CLASS NOTICE RE PARTIAL DISMISSAL
OF CLAIMS

DATED: January 11, 2013

By:

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DATED: January 11, 2013

By:

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Attorneys for Defendant
AT&T Pension Benefit Plan - NonBargained Program

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SIGNATURE ATTESTATION

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I, Michelle L. Roberts, hereby attest that concurrence in the filing of the document has been
obtained from the other signatory on this document.
DATED: January 11, 2013

By:

/s/ Michelle L. Roberts
MICHELLE L. ROBERTS

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ORDER
Pursuant to the foregoing stipulation, and good cause having been shown by the Parties, IT
IS HEREBY ORDERED THAT:
(1) Neither Party is required to issue a notice informing the Class Members that Plaintiff has

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14, rather than 10, days from entry of final judgment to file a fee motion.
(2) Class Counsel shall post on its website a version of the Class Notice which indicates that

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Plaintiff may file a fee motion within 14 days of entry of final judgment.
(3) The 10 days specified in the Class Notice for the Class Members to oppose or object to

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IT IS SO ORDERED.

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UNIT
ED

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1/14/13
Dated: __________________

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DERE
__________________________
SO OR
IT IS
United States District Court Judge
Honorable Edward M. Chen
Chen
ard M.
dge Edw
Ju

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NO

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Plaintiff’s fee motion is sufficient time.

Case No. 08-04058 EMC

-41633062.1 1

R NIA

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/s/ Stephen H. Harris
STEPHEN H. HARRIS

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Attorneys for Plaintiff
Quiller Barnes

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/s/ Michelle L. Roberts
MICHELLE L. ROBERTS

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F
D IS T IC T O
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JOINT STATEMENT, STIPULATION AND
PROPOSED ORDER RE ISSUANCE OF
CLASS NOTICE RE PARTIAL DISMISSAL
OF CLAIMS