Ross et al v. Trex Company, Inc.

Filing 256

ORDER GRANTING 255 STIPULATION regarding Motion for Preliminary Approval of Settlement and Page Limit. Signed by Judge JEFFREY S. WHITE on 3/18/13. (jjoS, COURT STAFF) (Filed on 3/18/2013)

Case3:09-cv-00670-JSW Document255 Filed03/13/13 Page1 of 3

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HAGENS BERMAN SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seattle, WA 98101
Telephone: [phone]
Facsimile: 206.623.0594

K&L GATES LLP
Four Embarcadero Center, Suite 1200
San Francisco, CA 94111-5994
Telephone: [phone]
Facsimile: 415.822-8220

Steve W. Berman (pro hac vice)
[e-mail]
Tyler S. Weaver (pro hac vice)
[e-mail]
Robert F. Lopez (pro hac vice)
[e-mail]

Patrick J. Perrone (pro hac vice)
[e-mail]
Todd L. Nunn (pro hac vice)
[e-mail]
Attorneys for Defendant Trex Company, Inc.

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Attorneys for Select Plaintiffs and Lead Counsel
for the Proposed Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEAN MAHAN, GRETCHEN SILVERMAN,
STEVEN MCKENNA, THOMAS
SCHAUPPNER, MARJORIE ZACHWIEJA,
JOHN FORCELLA, SHEILA SHAPIRO,
SABRINA W. HASS and DR. LANNY W.
HASS, AMY BIONDI-HUFFMAN, and BRIAN
HATHAWAY, on behalf of themselves and all
others similarly situated,

Case No. CV 09-00670-JSW
STIPULATION AND [PROPOSED]
ORDER RE: MOTION FOR
PRELIMINARY APPROVAL OF
SETTLEMENT AND PAGE LIMIT

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Plaintiffs,
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vs.
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TREX COMPANY, INC., a Delaware
corporation,
Defendant.

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STIPULATION AND [PROPOSED] ORDER RE: MOTION
FOR PRELIMINARY APPROVAL OF SETTLEMENT, ETC.
Case No. CV 09-00670-JSW

Case3:09-cv-00670-JSW Document255 Filed03/13/13 Page2 of 3

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As the parties have advised, they have reached agreement on most terms of settlement of this

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matter on a proposed nationwide basis. With respect to the remaining few issues, the parties continue

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to work with plaintiffs’ expert consultant and defendant’s technical representatives, and otherwise

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with their mediator, to conclude these matters fully. Accordingly, the parties require a short

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extension of the current briefing schedule in order to resolve the remaining issues and to conclude the

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settlement documentation and briefing accordingly.

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In light of the foregoing, the parties now stipulate to, and ask respectfully that the Court
approve, the following revised schedule for a motion for preliminary approval of their settlement:
Motion for preliminary approval due: April 5, 2013;
Any opposition to the motion for preliminary approval due: No later than 14 days following
the filing of the motion for preliminary approval, per Local Civil Rule 7-3(a);
Any reply to any opposition filed in response to the motion for preliminary approval due: No
later than seven (7) days following the filing of any opposition, per Local Civil Rule 7-3(c).
Hearing on the motion for preliminary approval: May 10, 2013 at 9 a.m., or as otherwise set
by the Court.

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So that they may apprise the Court fully of all pertinent matters in the motion for preliminary

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approval, the parties also stipulate and ask that the page limit be increased from 15 pages to 25 pages

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for that motion.

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DATED: March 14, 2013

HAGENS BERMAN SOBOL SHAPIRO LLP
By

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/s/ Robert F. Lopez
Steve W. Berman
Tyler S. Weaver
Robert F. Lopez

Attorneys for Select Plaintiffs and Lead Counsel
for the Proposed Class

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DATED: March 14, 2013

K&L GATES LLP
By:

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/s/ Patrick J. Perrone
Patrick J. Perrone
Todd L. Nunn

Attorneys for Defendant Trex Company, Inc.
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STIPULATION AND [PROPOSED] ORDER RE: MOTION
FOR PRELIMINARY APPROVAL OF SETTLEMENT, ETC.
Case No. CV 09-00670-JSW

Case3:09-cv-00670-JSW Document255 Filed03/13/13 Page3 of 3

[PROPOSED] ORDER

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The foregoing Stipulation having been reviewed, and good cause appearing therefor, the

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requested revised schedule regarding the motion for preliminary approval of settlement is hereby

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ORDERED and approved. The parties shall notice the motion to be heard on an open date at least 35
days out.
In addition, the Court grants the parties’ stipulated request for a 25-page limit for the motion

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for preliminary approval of settlement.

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Dated: March 18, 2013
Honorable Jeffrey S. White
United States District Judge

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STIPULATION AND [PROPOSED] ORDER RE: MOTION
FOR PRELIMINARY APPROVAL OF SETTLEMENT, ETC.
Case No. CV 09-00670-JSW