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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ALICIA HARRIS,

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Plaintiff,

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ORDER DENYING JOINT
STIPULATION FOR SHORTENED
TIME

v.

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For the Northern District of California

United States District Court

No. C-08-5198 EMC

VECTOR MARKETING CORPORATION,

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Defendant.
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(Docket No. 503)
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The parties have submitted a stipulation, asking that the motion for final approval and

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associated motion for fees and costs be heard on shortened time. Under the parties’ stipulation, the

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hearing would be held on January 20, 2011, and the class members would have only fourteen days

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after filing of the two motions to object, a period that covers both the Christmas holiday as well as

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the New Year.

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It appears from the stipulation that the parties contemplate service of the motion on only

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those class members who objected to the original settlement -- i.e., not the entire class. The parties,

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however, have failed to address why notice to the entire class is not necessary. Without this

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predicate showing, the schedule proposed by the parties is not justified. Moreover, the Court is

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troubled by the proposed schedule given the short amount of time for members to respond to the

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motions (particularly during the holiday season).

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Accordingly, the Court hereby orders as follows.

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1.

By December 22, 2011, Plaintiff shall file the motion for final approval and motion

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for fees and costs. Plaintiff shall serve Defendant by the same date.

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///

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2.

By December 29, 2011, the parties shall file either a joint brief or cross-briefs as to

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why notice of the new settlement should not be given to the entire class. The brief(s) shall be no

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longer than ten (10) pages.

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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.

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IT IS SO ORDERED.

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Dated: December 21, 2011

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For the Northern District of California

United States District Court

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_________________________
EDWARD M. CHEN
United States District Judge

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