O'Neill v. Genesis Logistics

Filing 36

ORDER granting continuance of cmc to 2/26/10 re 35 (tf, COURT STAFF) (Filed on 1/11/2010)

Case3:08-cv-04107-SI Document35

Filed01/07/10 Page1 of 2

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RAO ONGARO LLP Anthony J. Rao (SBN 173512) [e-mail] 90 Park Avenue, 18th Floor New York, NY 10016 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant GENESIS LOGISTICS, INC. KINGSLEY & KINGSLEY, APC George R. Kingsley (SBN 38022) Eric B. Kingsley (SBN 185123) 16133 Ventura Bl., Suite 700 Encino, CA 91436 [phone], Fax [phone] LAW OFFICES OF SHAUN SETAREH Shaun Setareh (SBN 204514) 9454 Wilshire Boulevard, Penthouse Suite 3 Beverly Hills, CA 90212 [phone] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA TIM O'NEILL, an individual; on behalf of himself and all others similarly situated, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) Case No. CV08-4107 SI STIPULATION AND PROPOSED ORDER TO CONTINUE JANUARY 15, 2010 CASE MANAGEMENT CONFERENCE Judge: Honorable Susan Illston Ctrm: 10, 19th floor Date/Time: 1/15/10, 2:30 PM

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January 15, 2010 CMC Stipulation and Proposed Order

GENESIS LOGISTICS, INC. and DOES 1 through 10, inclusive Defendants.

WHEREAS on December 3, 2010 the parties participated in an early mediation before Mediator Jeffrey Krivis in Los Angeles, California; WHEREAS the matter was not settled at the mediation but the parties continued settlement discussions with Mr. Krivis until December 22, 2009;

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Case3:08-cv-04107-SI Document35

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WHEREAS on December 22, 2009, the parties agreed to settle the class claims and as part of the settlement, on December 23, 2009, plaintiff notified the Labor and Workforce Development Agency of the existence of a Private Attorney General Act claim; WHEREAS the parties are preparing a joint motion: (1) provisionally certifying a settlement class, (2) preliminarily approving class settlement, (3) directing distribution of notice of settlement and opportunity to opt out, and (4) setting a hearing for final approval of the proposed settlement agreement; as well as preparing a proposed notice of settlement, proposed instructions, and claim form for Court approval; IT IS HEREBY STIPULATED: The January 15, 2010 Case Management Conference is continued so the parties can negotiate, prepare and submit the above-mentioned class settlement documents for Court approval and finalize settlement. DATED: January 6, 2010 RAO ONGARO LLP By _________/s/_____________________ Anthony J. Rao Attorneys for Defendant GENESIS LOGISTICS, INC. DATED: January 6, 2010 LAW OFFICES OF SHAUN SETARAH By_________/s/_____________________ Shaun Setarah Attorneys for Plaintiff TIM O'NEILL on behalf of himself and all others similarly situated

FOR GOOD CAUSE, THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED. The Court continues the Case Management Conference to February 26, 2010, at 2 ____________________. :30 a.m. DATED: ____________________ _________________________________________ Honorable Susan Illston 2

January 15, 2010 CMC Stipulation and Proposed Order