Ross et al v. Trex Company, Inc.

Filing 278

ORDER GRANTING AS MODIFIED 277 STIPULATION re 258 MOTION for Settlement Notice of Motion and Motion for Preliminary Approval of Class Settlement,. Motion Hearing set for 8/23/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 6/10/13. (jjoS, COURT STAFF) (Filed on 6/10/2013)

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Case3:09-cv-00670-JSW Document277 Filed06/06/13 Page1 of 3 1 2 3 4 5 HAGENS BERMAN SOBOL SHAPIRO LLP 1918 Eighth Avenue, Suite 3300 Seattle, WA 98101 Telephone: 206.623.7292 Facsimile: 206.623.0594 K&L GATES LLP Four Embarcadero Center, Suite 1200 San Francisco, CA 94111-5994 Telephone: 415.882.8200 Facsimile: 415.822-8220 Steve W. Berman (pro hac vice) steve@hbsslaw.com Robert F. Lopez (pro hac vice) robl@hbsslaw.com Patrick J. Perrone (pro hac vice) patrick.perrone@klgates.com Attorneys for Defendant Trex Company, Inc. 6 7 Attorneys for Select Plaintiffs and Lead Counsel for the Proposed Class 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 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: HEARING DATE FOR MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT 16 Plaintiffs, 17 vs. 18 19 20 TREX COMPANY, INC., a Delaware corporation, Defendant. 21 22 On April 5, 2013, Plaintiffs filed a Motion for Preliminary Approval of Class Settlement, 23 Provisional Certification of Settlement Class, and Appointment of Class Representatives and Class 24 Counsel. (Docket Entry #258). The hearing on the motion was originally scheduled for May 31, 25 2013. (Id.). On May 28, 2013, the Court issued an Order Regarding Motion for Preliminary 26 Approval of Class Action Settlement requesting that the parties submit additional information as set 27 forth in the Order. (Docket Entry #276). The Court also rescheduled the hearing on the motion for 28 July 26, 2013. (Id.). Defendant Trex Company, Inc. (“Trex”) respectfully requests, with the consent Case3:09-cv-00670-JSW Document277 Filed06/06/13 Page2 of 3 1 of counsel for Plaintiffs, that the hearing be adjourned until August 16, 2013. General Counsel for 2 Trex, William R. Gupp, is unavailable on July 26, 2013, and is not otherwise available until after 3 August 13, 2013, due to previously scheduled vacation as well as a meeting of the Trex Board of 4 Directors. 5 In light of the foregoing, Trex asks respectfully that the hearing for the Motion for 6 Preliminary Approval of Class Settlement, Provisional Certification of Settlement Class, and 7 Appointment of Class Representative and Class Counsel be adjourned to August 16, 2013. 8 9 DATED: June 6, 2013 By: 10 11 12 13 14 K&L GATES LLP /s/ Patrick J. Perrone Patrick J. Perrone Attorneys for Defendant Trex Company, Inc. DATED: June 6, 2013 HAGENS BERMAN SOBOL SHAPIRO LLP By /s/ Robert F. Lopez Steve W. Berman Robert F. Lopez 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorneys for Select Plaintiffs and Lead Counsel for the Proposed Class Case3:09-cv-00670-JSW Document277 Filed06/06/13 Page3 of 3 [PROPOSED] ORDER 1 2 3 4 The foregoing Stipulation having been reviewed, and good cause appearing therefor, the requested adjournment of the hearing on the motion for preliminary approval of settlement is hereby 23 9:00am ORDERED and approved, and the hearing is scheduled for August 16, 2013, at ___________. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 10, 2013 Honorable Jeffrey S. White United States District Judge

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