Harris v. Vector Marketing Corporation

Filing 504

ORDER denying 503 Joint Stipulation for Shortened Time. Signed by Judge Edward M. Chen on 12/21/2011. (emclc1, COURT STAFF) (Filed on 12/21/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ALICIA HARRIS, 9 Plaintiff, 10 ORDER DENYING JOINT STIPULATION FOR SHORTENED TIME v. 11 For the Northern District of California United States District Court No. C-08-5198 EMC VECTOR MARKETING CORPORATION, 12 Defendant. ___________________________________/ (Docket No. 503) 13 14 The parties have submitted a stipulation, asking that the motion for final approval and 15 associated motion for fees and costs be heard on shortened time. Under the parties’ stipulation, the 16 hearing would be held on January 20, 2011, and the class members would have only fourteen days 17 after filing of the two motions to object, a period that covers both the Christmas holiday as well as 18 the New Year. 19 It appears from the stipulation that the parties contemplate service of the motion on only 20 those class members who objected to the original settlement -- i.e., not the entire class. The parties, 21 however, have failed to address why notice to the entire class is not necessary. Without this 22 predicate showing, the schedule proposed by the parties is not justified. Moreover, the Court is 23 troubled by the proposed schedule given the short amount of time for members to respond to the 24 motions (particularly during the holiday season). 25 Accordingly, the Court hereby orders as follows. 26 1. By December 22, 2011, Plaintiff shall file the motion for final approval and motion 27 for fees and costs. Plaintiff shall serve Defendant by the same date. 28 /// 1 2. By December 29, 2011, the parties shall file either a joint brief or cross-briefs as to 2 why notice of the new settlement should not be given to the entire class. The brief(s) shall be no 3 longer than ten (10) pages. 4 5 6 3. The Court will determine how to proceed thereafter and may set a schedule for the notice and approval process. This order disposes of Docket No. 503. 7 8 IT IS SO ORDERED. 9 Dated: December 21, 2011 11 For the Northern District of California United States District Court 10 _________________________ EDWARD M. CHEN United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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