Harris v. Vector Marketing Corporation

Filing 501

JOINT STIPULATION AND ORDER RE: ATTENDANCE OF PARTIES AT SETTLEMENT CONFERENCE. Signed by Judge Joseph C. Spero on 11/28/11. (klhS, COURT STAFF) (Filed on 11/28/2011)

Case3:08-cv-05198-EMC Document500

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Filed11/23/11 Page1 of 4

John P. Zaimes (SBN 91933)
[e-mail]
Roxanne M. Wilson (SBN 94627)
[e-mail]
John H. Lien (SBN 222842)
[e-mail]
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-1514
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
Vector Marketing Corporation

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REED SMITH LLP

UNITED STATES DISTRICT COURT

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A limited liability partnership formed in the State of Delaware

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NORTHERN DISTRICT OF CALIFORNIA

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ALICIA HARRIS, as an individual and on
behalf of all others similarly situated,

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Plaintiffs,

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vs.
VECTOR MARKETING
CORPORATION, a Pennsylvania
corporation; and DOES 1 through 20,
inclusive,

No.: CV 08-5198 EMC
JOINT STIPULATION AND
[PROPOSED] ORDER RE:
ATTENDANCE OF PARTIES AT
SETTLEMENT CONFERENCE
Complaint Filed: October 15, 2008
Trial Date:
Vacated

Defendants.

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US_ACTIVE-107817342.1

JOINT STIPULATION AND [PROPOSED] ORDER

Case3:08-cv-05198-EMC Document500

Filed11/23/11 Page2 of 4

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Plaintiff Alicia Harris (“Plaintiff” or “Harris”) and Defendant Vector Marketing

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Corporation (“Defendant” or “Vector”) (collectively referred to as the “Parties”) enter

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into this joint stipulation with reference to the following facts:
RECITALS

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WHEREAS, on March 10, 2011, the Parties entered into a settlement of class
action claims following a mediation with mediator Anthony Piazza;
WHEREAS, on March 29, 2011, Plaintiff filed a motion for preliminary
approval of class action settlement (see docket no. 450);
WHEREAS, on April 29, 2011, the Honorable Edward M. Chen granted

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Plaintiff’s motion for preliminary approval of the proposed class action settlement

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(see docket no. 466);

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WHEREAS, on July 20, 2011, Plaintiff filed a motion for final approval of
class action settlement and for an award of costs and fees (see docket no. 476);

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WHEREAS, on August 10, 2011, the Honorable Edward M. Chen indicated, at

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the hearing on Plaintiff’s motion for final approval of the class action settlement, that

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he would grant final approval of the class action settlement;

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WHEREAS, on October 12, 2011, the Honorable Edward M. Chen issued an

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order denying final approval of the class action settlement due to the district court’s

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interpretation of recent case law, specifically, In re Bluetooth Headset Products

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Liability Litigation, No. 09-56683, 2011 U.S. App. LEXIS 17224 (9th Cir. Aug. 19,

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2011) (see docket no. 495);

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WHEREAS, on October 28, 2011, the parties and Judge Chen held a lengthy

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Status Conference, during which they thoroughly explored the parameters of an

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acceptable settlement structure;

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WHEREAS, the Parties believe that a settlement in this action after more than

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three years of contentious and hard fought litigation is in the best interests of the

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Parties and, as a result, have elected to continue settlement discussions with the

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CV 08-5198 EMC

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JOINT STIPULATION AND [PROPOSED] ORDER

US_ACTIVE-107817342.1

Case3:08-cv-05198-EMC Document500

Filed11/23/11 Page3 of 4

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assistance of Magistrate Judge Joseph C. Spero, which settlement conference is

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currently set for December 5, 2011;

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WHEREAS, the Parties believe that through further negotiations, any new

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settlement of the class claims will represent a refinement, and not wholesale change,

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to the previously agreed upon settlement; and

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WHEREAS, given their ability to reach a settlement agreement previously and

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the procedural posture of the pending settlement conference, the Parties do not believe

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that the physical presence of named plaintiff Alicia N. Harris and the corporate

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representative for Vector at the settlement conference will materially aide in the

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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resolution of the matter.

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STIPULATION

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NOW, THEREFORE, it is hereby stipulated by the Parties, through their

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respective counsel of record, as follows:
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That named plaintiff Alicia N. Harris and the corporate representative be

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relieved of the obligation under Magistrate Judge Spero’s Notice of Settlement

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Conference and Order Setting Settlement Conference to be physically present at the

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settlement conference; and

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2.

Both named plaintiff Alicia N. Harris and the corporate representative for

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Vector will be available with unlimited settlement authority via teleconference, as

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necessary, at all times during the pendency of the settlement conference set for

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December 5, 2011.

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Dated: November 23, 2011

REED SMITH LLP
By

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Dated: November 23, 2011

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MARLIN & SALTZMAN
By

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CV 08-5198 EMC

/S/
John H. Lien
Attorneys for Defendant
VECTOR MARKETING CORPORATION
/S/
Christina A. Humphrey
Attorneys for Plaintiff
ALICIA HARRIS

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JOINT STIPULATION AND [PROPOSED] ORDER

US_ACTIVE-107817342.1

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ORDER

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Based on the above stipulation, IT IS SO ORDERED that the Court’s Notice of

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Settlement Conference and Order Setting Settlement Conference (see docket no. 499)

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is modified to relieve named Plaintiff Alicia N. Harris and Vector’s corporate

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representative of any personal appearance at the settlement conference set for

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December 5, 2011, but that both Parties shall be available via teleconference, as

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necessary, at all times during the pendency of the settlement conference.
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Dated: November__, 2011

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FO

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REED SMITH LLP

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Judge Jo

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Honorable Joseph C. Spero
United States District Court Magistrate Judge
Spero

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A limited liability partnership formed in the State of Delaware

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CV 08-5198 EMC

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JOINT STIPULATION AND [PROPOSED] ORDER

US_ACTIVE-107817342.1