Blouin v. Comcast Corp.

Filing 50

ORDER RE FINAL APPROVAL OF CLASS ACTION SETTLEMENT re 46 Stipulation filed by Shawn Blouin. Signed by Judge Maria-Elena James on 6/9/2011. (cdnS, COURT STAFF) (Filed on 6/9/2011)

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6 Ira Spiro (State Bar No. 67641) ira@spiromoss.com H. Scott Leviant (State Bar No. 200834) scott@spiromoss.com Linh Hua (State Bar No. 247419) linh@spiromoss.com SPIRO MOSS LLP 11377 W. Olympic Blvd., 5th Floor Los Angeles, California 90064-1683 Telephone: (310) 235-2468 Facsimile: (310) 235-2456 7 Attorneys for Plaintiffs 8 Daryl S. Landy (State Bar No. 136288) dlandy@morganlewis.com Theresa Mak (State Bar No. 211435) tmak@morganlewis.com MORGAN LEWIS & BOCKIUS LLP 2 Palo Alto Square 3000 El Camino Real, Suite 700 Palo Alto, CA 94306 Telephone: (650) 843-4000 Facsimile: (650) 843-4001 1 2 3 4 5 9 10 11 Spiro Moss llp 12 13 Attorneys for Defendant 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 SHAWN BLOUIN, individually, and on behalf of all others similarly situated, 19 20 21 Plaintiffs, vs. COMCAST CORP., 22 Defendant. 23 24 Case No.: 3:08-CV-04787-MEJ STIPULATION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND [PROPOSED] ORDER THEREON Date Action Filed: September 17, 2008 Date Removed: October 17, 2008 Trial Date: None 25 26 27 28 DB2/22486124.1 Page 1 STIPULATION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 1 STIPULATION 2 This Stipulation is entered into by and between Plaintiff Shawn Blouin 3 (“Plaintiff”) and Defendant Comcast Corp. (“Defendant”), based upon the 4 following facts, as well as the concurrently-filed Declarations Eric Springer of 5 Simpluris, Inc. and H. Scott Leviant: 6 7 8 1. On January 31, 2011, Plaintiff filed his Motion for Preliminary Approval of Class Action Settlement and noticed a hearing date of March 10, 2011. 2. On February 1, 2011, Chris Nathan, Law Clerk to Hon. Marie-Elena 9 James, advised that if the parties agree to the terms of the settlement and believe a 10 hearing is unnecessary the Court prefers for the parties to enter into stipulations for 11 both preliminary and final approval, in lieu of briefing and setting a hearing date. Spiro Moss llp 12 3. The parties fully executed the Joint Stipulation of Settlement and Class 13 Action Release on January 20, 2011, and both parties are in agreement as to the 14 terms of the settlement as set forth therein. The Joint Stipulation of Settlement and 15 Class Action executed by the parties is attached hereto as Exhibit 1. 16 4. On February 3, 2011, the Court granted preliminary approval of the 17 proposed class action settlement under the terms set forth in the Joint Stipulation of 18 Settlement and Class Action. 19 5. Both parties agree that final approval of this settlement as set forth in 20 the Joint Stipulation of Settlement and Class Action should be granted, as the 21 settlement terms are fair, reasonable and adequate under Federal Rule of Civil 22 Procedure 23(e) and the class reaction has been positive in that (1) there are no 23 known objections, (2) there is only one known opt-out, and (3) well over 60% of 24 the available work weeks have been claimed by class members. 25 26 27 28 6. Both parties believe that a hearing regarding final approval is unnecessary. 7. Both parties believe that a hearing regarding an award of attorney’s fees, costs and class representative enhancement award is unnecessary, given that DB2/22486124.1 Page 2 STIPULATION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 1 the class has had ample opportunity to access Plaintiff’s Motion for Fees, Costs and 2 Enhancement Award, and object to those requested awards but did not do so. 3 Based on the foregoing, the parties stipulate as follows: 4 1. 5 6 7 8 9 10 11 The parties’ Joint Stipulation of Class Action Settlement and Release should be finally approved; 2. The Court should enter the [Proposed] Order for Final Approval of Class Action Settlement, submitted concurrently herewith; and 3. The Court should enter the [Proposed] Order for and Award of Attorney’s Fees, Costs and Enhancement Award, filed with the Court on or about March 3, 2011. IT IS SO STIPULATED. Respectfully submitted, Spiro Moss llp 12 13 Dated: June 8, 2011 SPIRO MOSS LLP 14 By: 15 16 17 Attorneys for Plaintiffs 18 19 H Ira Spiro H. Scott Leviant1 Linh Hua Dated: June 8, 2011 MORGAN LEWIS & BOCKIUS LLP 20 21 By: /s/ Theresa Mak, by permission Daryl S. Landy Theresa Mak 22 23 Attorneys for Defendant 24 25 26 27 28 1 The filing attorney hereby attests that he will maintain on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document. DB2/22486124.1 Page 3 STIPULATION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT 1 ORDER 2 The parties in the above-captioned case entered into a Stipulation for Final 3 Approval of Class Action Settlement. After considering the Stipulation, the facts 4 upon which the Stipulation is based, and good cause appearing, it is hereby 5 ORDERED: 6 7 8 9 10 11 The parties’ Joint Stipulation of Class Action Settlement and Release, 1. attached hereto as Exhibit 1, is finally approved; The Order for Final Approval of Class Action Settlement, submitted 2. concurrently with the filing of the Stipulation, is entered; and The [Proposed] Order for and Award of Attorney’s Fees, Costs and 3. Enhancement Award, filed with the Court on or about March 1, 2011, is entered. Spiro Moss llp 12 13 PURSUANT TO STIPULATION, IT IS SO ORDERED. 14 15 16 Dated: June 9, 2011 17 18 Hon. Maria-Elena James CHIEF MAGISTRATE UNITED STATES DISTRICT COURT JUDGE 19 20 21 22 23 24 25 26 27 28 DB2/22486124.1 Page 4 STIPULATION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT

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