Crider v. Wachovia Corporation et al

Filing 33

STIPULATION AND ORDER re 32 Stipulation, filed by Wachovia Mortgage, FSB, Wachovia Financial Services Inc., Wachovia Corporation, Wachovia Commercial Mortgage, Inc, Wachovia Mortgage Corporation. Signed by Judge Edward M. Chen on 6/16/09. (bpf, COURT STAFF) (Filed on 6/16/2009)

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Case3:08-cv-04288-EMC Document32 Filed06/10/09 Page1 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MALCOLM A. HEINICKE (State Bar No. 194174) MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor San Francisco, California 94105-2907 Tel: (415) 512-4000; Facsimile: (415) 512-4077 Email: Malcolm.Heinicke@mto.com Attorneys for Defendants WACHOVIA CORPORATION, WACHOVIA MORTGAGE CORPORATION, WACHOVIA COMMERCIAL MORTGAGE, INC., WACHOVIA FINANCIAL SERVICES, INC. and WACHOVIA MORTGAGE, FSB PLAINTIFFS' COUNSEL LISTED ON SECOND PAGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ROBERT CRIDER, on behalf of himself and others similarly situated, Plaintiff, vs. WACHOVIA CORPORATION, a corporation, WACHOVIA MORTGAGE CORPORATION, a corporation, WACHOVIA COMMERCIAL MORTGAGE, INC., a corporation, WACHOVIA FINANCIAL SERVICES, INC., WACHOVIA MORTGAGE, FSB an entity form unknown, WACHOVIA, an entity form unknown, and DOES 1 through 50, inclusive, Defendants. CASE NO. C 08-4288 EMC THIRD STIPULATION RE: AMENDMENT OF THE STIPULATION REGARDING SETTLEMENT OF CLASS AND COLLECTIVE ACTIONS ; ORDER [NO COURT ACTION REQUIRED] Other Case Affected by Settlement: Sones v. World Mortgage Company, et al., Case No. 3:08cv-04811-CRB 7992677.1 STIPULATION RE: AMENDMENT OF STIPULATION; (CASE NO. 08-4288 EMC) Case3:08-cv-04288-EMC Document32 Filed06/10/09 Page2 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PETER M. HART (SBN 198691) LAW OFFICES OF PETER M. HART 13952 Bora Bora Way, F-320 Marina Del Rey, CA 90292 Telephone: (310) 478-5789 Facsimile: (509) 561-6441 Email: hartpeter@msn.com LARRY W. LEE (SBN 228175) DIVERSITY LAW GROUP 444 S. Flower Street, Suite 1370 Los Angeles, CA 90071 Telephone: (213) 488-6555 Facsimile: (213) 488-6554 KENNETH H. YOON (SBN 198443) LAW OFFICES OF KENNETH H. YOON One Wilshire Boulevard, Suite 2200 Los Angeles, CA 90017 Telephone: (213) 612-0988 Facsimile: (213) 947-1211 kyoon@yoon-law.com Attorneys for Plaintiff ROBERT CRIDER and proposed Settlement Class NORMAN B. BLUMENTHAL (SBN 068687) KYLE R. NORDREHAUG (SBN 205975) APARAJIT BHOWMIK (SBN 248066) BLUMENTHAL & NORDREHAUG 2255 Calle Clara La Jolla, CA 92037 Telephone: (858) 551-1047 Facsimile: (858) 551-1232 WALTER HAINES (SBN 71705) UNITED EMPLOYEES LAW GROUP 65 Pine Ave, #312 Long Beach, CA 90802 Phone: (562) 256-1047 Facsimile: (562) 256-1006 Attorneys for Plaintiff JOHN SONES and proposed Settlement Class (Plaintiff in similar action to be dismissed as part of this settlement) 7992677.1 STIPULATION RE: AMENDMENT OF STIPULATION; (CASE NO. 08-4288 EMC) Case3:08-cv-04288-EMC Document32 Filed06/10/09 Page3 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, Plaintiffs Robert Crider and John Sones have filed the abovecaptioned and above-referenced putative class actions against Defendants alleging various employment claims, including the alleged failure to properly classify employees, the alleged failure to reimburse business expenses and the alleged failure to provide proper reduction in force notices; WHEREAS, the parties (through counsel for all parties) have conducted a mediation session and have reached a settlement agreement, and the parties obtained from this Court preliminary approval of that settlement and associated authority to send notices to the proposed class; WHEREAS, Paragraph 2.11.6 of the Stipulation Re: Settlement Of Class Action provides that the Settling Parties agree that the Notice Response Deadline shall not be extended, and no untimely submissions or claims will be honored, under any circumstances, unless, and only unless, a Class Member can sufficiently demonstrate that his or her failure to respond to the Class Notice was the product of the fact that he or she was legally incompetent during the notice response period, including, for example, he or she was incarcerated or hospitalized or an active military duty during the full notice response period; provided, however, no extensions will be granted for incompetency unless first requested in writing to the Claims Administrator or Class Counsel fewer than ninety (90) days following the Notice Response Deadline. Per this Paragraph, the Settling Parties also agreed that the establishment and enforcement of the Notice Response Deadline is valuable consideration to Wachovia, and the finality provided thereby is a material aspect of this agreement, and that any ruling to the contrary by the Court or any ruling allowing the filing of any responses to the Class Notice following the Notice Response Deadline shall be grounds for Wachovia to void the Stipulation Re: Settlement Of Class Action; WHEREAS, Paragraph 2.11.20 of the Stipulation Re: Settlement Of Class Action provides that in the event fewer than 20% of Class Members have submitted to the Claims Administrator some form of written response to the Class Notice, i.e., a change of address form, an opt out form or a claim form, by the date that is five (5) days before the Notice Response Deadline, then the Notice Response Deadline is to be extended ten (10) days, and the Claims 7992677.1 -1[PROPOSED] NOTICE TO CLASS MEMBERS Case3:08-cv-04288-EMC Document32 Filed06/10/09 Page4 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Administrator shall send each Class Member who has yet to respond a postcard (a) referencing the name of the Litigation; (b) stating that the Class Member previously received a notice in this action; (c) providing an address for the Claims Administrator and stating that the Class Member can write the Claims Administrator to receive an additional copy of the notice; and (d) stating the revised Notice Response Deadline. WHEREAS, the Claims Administrator has informed the Settling Parties that the pre-condition of Paragraph 2.11.20 has been met, i.e., fewer than 20% of Class Members have submitted to the Claims Administrator some form of written response to the Class Notice, i.e., a change of address form, an opt out form or a claim form, by the date that is five (5) days before the initial (un-extended) Notice Response Deadline; WHEREAS, Class Counsel have expressed concerns that there may have been delays associated the receipt of Class Notices for some Class Members because of the delays associated with address tracing and re-mailing and the fact that many notices were so traced and re-mailed; WHEREAS, counsel for the parties have met and conferred on these issues; WHEREAS, Paragraphs 2.11.9 and 2.11.11 of the Stipulation Re: Settlement Of Class Action authorize the parties, through counsel, to amend the settlement agreement, and counsel signing below represent that they have express authority from their clients to enter this stipulation; WHEREAS, all parties favor and will support Court approval of the settlement as amended herein; WHEREAS, the parties through their counsel stipulate as follows: IT IS HEREBY STIPULATED that the Claims Administrator will, no later than June 15, 2009, send a post card to all non-responding Class Members (a) referencing the name of the Litigation; (b) stating that the Class Member previously received a notice in this action; (c) providing an address for the Claims Administrator and stating that the Class Member can write the Claims Administrator to receive an additional copy of the notice; and (d) stating the revised -2[PROPOSED] NOTICE TO CLASS MEMBERS 7992677.1 Case3:08-cv-04288-EMC Document32 Filed06/10/09 Page5 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice Response Deadline as set forth below. The postcard shall not contain additional information or statements; IT IS HEREBY ALSO STIPULATED that the Notice Response Deadline is extended until July 1, 2009 for all Class Members, and Paragraph 1.25 is amended accordingly; IT IS HEREBY ALSO STIPULATED that Paragraph 2.11.6 remains in full effect for this revised Notice Response Deadline set forth above, and that this revised Notice Response Deadline will not be extended except as provided in Paragraph 2.11.6; IT IS HEREBY ALSO STIPULATED that Class Counsel, on behalf of the Representative Plaintiffs, agree that this stipulation and its associated changes address the concerns that they have raised concerning the notice and claims process in this action, and Class Counsel agree not to seek or advocate any further changes to the Stipulation or notice and claims process. Respectfully Submitted, DIVERSITY LAW GROUP By: __/s/ Larry Lee_____________ Larry Lee Class Counsel and Counsel to Plaintiff Robert Crider BLUMENTHAL & NORDERHAUG By: __/s/ Norman B. Blumenthal NORMAN B. BLUMENTHAL Class Counsel and Counsel to Plaintiff John Sones MUNGER, TOLLES & OLSON LLP DATED: June 10, 2009: By: __/s/ Malcolm A. Heinicke__________ MALCOLM A. HEINICKE Counsel for Defendants DATED: June 10, 2009: DATED: June 10, 2009: I, Malcolm A. Heinicke, attest that I have obtained concurrence from Larry Lee and Norman Blumenthal in the filing of this Stipulation Regarding Settlement of Class And Collective Actions. See N.D. Cal. General Order 45 10(B). IT IS SO ORDERED:C S DISTRICT TE UNIT ED S TA ER N F D IS T IC T O R A C LI Edward M. Chen M. Chen dward Judge U.S. MagistrateE Judge NO R NIA O _________________ IT IS S 7992677.1 ORDER ED FO RT U O -3[PROPOSED] NOTICE TO CLASS MEMBERS RT H

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