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)
Case3:09-cv-00670-JSW Document277 Filed06/06/13 Page1 of 3
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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.
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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: HEARING DATE FOR
MOTION FOR PRELIMINARY
APPROVAL OF SETTLEMENT
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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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On April 5, 2013, Plaintiffs filed a Motion for Preliminary Approval of Class Settlement,
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Provisional Certification of Settlement Class, and Appointment of Class Representatives and Class
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Counsel. (Docket Entry #258). The hearing on the motion was originally scheduled for May 31,
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2013. (Id.). On May 28, 2013, the Court issued an Order Regarding Motion for Preliminary
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Approval of Class Action Settlement requesting that the parties submit additional information as set
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forth in the Order. (Docket Entry #276). The Court also rescheduled the hearing on the motion for
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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
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of counsel for Plaintiffs, that the hearing be adjourned until August 16, 2013. General Counsel for
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Trex, William R. Gupp, is unavailable on July 26, 2013, and is not otherwise available until after
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August 13, 2013, due to previously scheduled vacation as well as a meeting of the Trex Board of
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Directors.
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In light of the foregoing, Trex asks respectfully that the hearing for the Motion for
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Preliminary Approval of Class Settlement, Provisional Certification of Settlement Class, and
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Appointment of Class Representative and Class Counsel be adjourned to August 16, 2013.
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DATED: June 6, 2013
By:
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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
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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
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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
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9:00am
ORDERED and approved, and the hearing is scheduled for August 16, 2013, at ___________.
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Dated: June 10, 2013
Honorable Jeffrey S. White
United States District Judge
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