Blouin v. Comcast Corp.

Filing 33

ORDER VACATING DEADLINE TO SUBMIT PROPOSED REVISED DEADLINES re 32 Notice (Other) filed by Comcast Corp.. Signed by Judge Maria-Elena James on 6/29/2010. (mejlc1, COURT STAFF) (Filed on 6/29/2010)

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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 MORGAN, LEWIS & BOCKIUS LLP A T T O R N E Y S A T LAW PALO A L T O SPIRO, MOSS LLP Ira Spiro, State Bar No. 67641 11377 W. Olympic Blvd., 5th Floor Los Angeles, CA 90064 Tel: 310.235.2468 Fax: 310.235.2456 E-mail ira@spiromoss.com Attorney for Plaintiff SHAWN BLOUIN MORGAN, LEWIS & BOCKIUS LLP DARYL S. LANDY, State Bar No. 136288 THERESA MAK, State Bar No. 211435 2 Palo Alto Square 3000 El Camino Real, Suite 700 Palo Alto, CA 94306-2122 Tel: 650.843.4000 Fax: 650.843.4001 Email: dlandy@morganlewis.com tmak@morganlewis.com Attorneys for Defendant COMCAST CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SHAWN BLOUIN, individually and on behalf of other persons similarly situated, Plaintiff, vs. COMCAST CORP. and DOES 1-50, Defendants. Case No. 3:08-CV-04787-MEJ NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER VACATING DEADLINE TO SUBMIT PROPOSED REVISED DEADLINES 28 DB2/21774063.2 NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE TO SUBMIT (Case No. 3:08-CV-04787-MEJ) 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 MORGAN, LEWIS & BOCKIUS LLP A T T O R N E Y S A T LAW PALO A L T O Plaintiff Shawn Blouin ("Plaintiff") and Defendant Comcast Corporation ("Comcast"), the parties to the above-entitled action (collectively referred to herein as the "Parties"), hereby notify the Court that the Parties have reached a tentative settlement and submit the following Stipulation to the Court: STIPULATION WHEREAS, on June 8, 2010, the Parties attended a second private mediation session with Mediator Mark Rudy; WHEREAS, at the close of the mediation, the mediator made a mediator's proposal, i.e. a settlement recommended by the mediator that becomes effective only if accepted by both parties, and ultimately set June 21, 2010 as the last date to accept or reject the proposal; WHEREAS, the Parties accepted the mediator's proposal on June 21, 2010, and are currently preparing a settlement agreement which incorporates the terms of the mediator's proposal; WHEREAS, the Parties intend to execute a settlement agreement which incorporates the terms of the mediator's proposal and Plaintiff intends to file a Motion for Preliminary Approval within the next sixty (60) days; WHEREAS, on July 16, 2010, the Court ordered that the Parties submit proposed revised deadlines by July 2, 2010; WHEREAS, in light of the above, the Parties believe that the submission of proposed revised deadlines is no longer necessary; NOW, THEREFORE, Plaintiff and Comcast, through their undersigned respective counsel, stipulate and request that the Court vacate the order requiring the Parties to submit proposed revised deadlines by July 2, 2010. /// /// /// /// /// DB2/21774063.2 28 NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE TO SUBMIT (Case No. 3:08-CV-04787-MEJ) 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 MORGAN, LEWIS & BOCKIUS LLP A T T O R N E Y S A T LAW PALO A L T O Dated: June 25, 2010 MORGAN, LEWIS & BOCKIUS LLP By /s/ Daryl S. Landy Daryl S. Landy Attorneys for Defendant COMCAST CORPORATION Dated: June 25, 2010 SPIRO, MOSS LLP By /s/ Ira Spiro Ira Spiro Attorneys for Plaintiff SHAWN BLOUIN ORDER In light of the foregoing STIPULATION of the parties, and good cause appearing, the Court hereby VACATES its July 16, 2010 Order requiring the Parties to submit proposed revised deadlines by July 2, 2010. The parties must file no later than September 1, 2010 a joint status report regarding the settlement documentation if the anticipated motion for preliminary approval has not been filed on or before that date. IT IS SO ORDERED. June 29, 2010 HON. MARIA ELENA JAMES U.S. District Court Judge Dated: 28 DB2/21774063.2 NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE TO SUBMIT (Case No. 3:08-CV-04787-MEJ)

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