Minor et al v. FedEx Office & Print Services, Inc. et al

Filing 113

STIPULATION AND ORDER to Modify Class Action Settlement Preliminary Approval Order. Fairness Hearing reset for 7/1/2013 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Susan Illston for Judge Thelton E. Henderson on 03/25/2013. (tmi, COURT STAFF) (Filed on 3/26/2013)

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PETER M. HART (State Bar No. 198691)
[e-mail]
AMBER S. HEALY (State Bar No. 232730)
[e-mail]
LAW OFFICES OF PETER M. HART
12121 Wilshire Blvd, Suite 205
Los Angeles, California 90025
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Gary Minor and Banipal Shabaz,
Narek Eloyan, Shehan Bederian, Michael Macias

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*Additional Plaintiffs’ counsel are listed on the following page
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THOMAS MCINERNEY (State Bar No. 162055)
[e-mail]
GREGORY CHENG (State Bar No. 226865)
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300, One Market Plaza
San Francisco, California 94105
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
FEDEX OFFICE AND PRINT SERVICES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARY MINOR and BANIPAL SHABAZ, as
individuals and on behalf of all others similarly
situated,
Plaintiffs,
vs.

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FEDEX OFFICE AND PRINT SERVICES,
INC., a corporation,

CASE NO. C 09-01375 TEH
AMENDED JOINT STIPULATION AND
[PROPOSED] ORDER TO MODIFY CLASS
ACTION SETTLEMENT PRELIMINARY
APPROVAL ORDER

Defendant.

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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY CLASS ACTION
SETTLEMENT PRELIMINARY APPROVAL ORDER (3:09-CV-01375-TEH)

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Plaintiffs Gary Minor and Banipal Shabaz and Defendant FedEx Office and Print Services, Inc.

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(collectively “Parties”) through their respective counsel of record, hereby stipulate and agree as

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follows:

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WHEREAS on February 8, 2013, this Court issued an Order granting Plaintiffs’ Motion for

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Preliminary Approval of Class Action Settlement (“Preliminary Approval Order”) of the above-

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referenced action;

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WHEREAS in the Preliminary Approval Order, the Court ordered that Defendant provide the

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Claims Administrator with the name, last known address, last known telephone number, and start and

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end dates of employment for each Class Member within 20 days of the Preliminary Approval Order,

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which was on or before March 11, 2013;
WHEREAS, Defendant provided that information to the Claims Administrator on or before
March 11, 2013;
WHEREAS, the Court further ordered the dissemination of the Notice Packet to each Class

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Member by first class United States mail to be completed no later than 10 business days after receipt

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of the above-specified information from Defendant, which is on March 25, 2013;

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WHEREAS, the Parties need a two-week continuance of the Notice Packet dissemination

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deadline because Defendant is still waiting for further data from a third-party vendor in order to

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accurately calculate the number of workweeks for each Class Member, and the Claims Administrator

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needs the information to calculate each Class Member’s estimated proportionate share of the Net

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Settlement Amount.

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WHEREAS, the Parties further agree to modify the Preliminary Approval Order to continue all

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such deadlines by two-weeks to accommodate for the two-week continuance of the Notice Packet

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dissemination deadline.

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The Parties hereby stipulate that the Preliminary Approval Order shall be modified as
follows:

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The deadline for the Claims Administrator to disseminate the Notice Packet to each Class

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Member shall be continued from March 25, 2013 to April 8, 2013. All other deadlines, which are

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based upon the date of initial mailing of the Notice Packet, shall be based upon the new mailing date
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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY CLASS ACTION
SETTLEMENT PRELIMINARY APPROVAL ORDER (3:09-CV-01375-TEH)

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of the Notice Packet.

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The deadline for Class Counsel to file its motion for attorneys’ fees and costs, and Class

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Representatives’ applications for Enhancement Payments shall be continued from May 13, 2013 to

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May 27, 2013.

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The deadline for Class Counsel to file their papers in support of final approval of the settlement
shall be continued from May 13, 2013 to May 27, 2013.

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The deadline for Class Members to file any opposition to the settlement itself, counsel’s

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motion for attorney’s fees and costs, or Class Representatives’ applications for Enhancement Payment

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awards shall be continued from May 27, 2013 to June 10, 2013.

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The deadline to file any reply to the opposition to the settlement itself, counsel’s motion for

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attorneys’ fees and costs, or Class Representatives’ applications for Enhancement Payment awards

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shall be continued from June 3, 2013 to June 17, 2013.

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The Final Approval and Fairness Hearing shall be continued from June 17, 2013 to July 1,
2013.
All other orders within the Preliminary Approval Order shall remain the same.
DATED:

March 25, 2013

LAW OFFICES OF PETER M. HART

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By: /s/ Peter M. Hart
Peter M. Hart
Attorney for Plaintiffs

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DATED:

March 25, 2013

OGLETREE, DEAKINS,
STEWART, P.C.

NASH,

SMOAK

By: /s/Thomas McInerney
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Thomas McInerney
Gregory C. Cheng
Attorneys for Defendant FEDEX OFFICE AND
PRINT SERVICES, INC

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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY CLASS ACTION
SETTLEMENT PRELIMINARY APPROVAL ORDER (3:09-CV-01375-TEH)

&

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Good cause hereby appearing, IT IS SO ORDERED.

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The deadline for the Claims Administrator to disseminate the Notice Packet to each Class

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Member shall be continued from March 25, 2013 to April 8, 2013. All other deadlines, which are

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based upon the date of initial mailing of the Notice Packet, shall be based upon the new mailing date

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of the Notice Packet.

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The deadline for Class Counsel to file its motion for attorneys’ fees and costs, and Class

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Representatives’ applications for Enhancement Payments shall be continued from May 13, 2013 to

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May 27, 2013.

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The deadline for Class Counsel to file their papers in support of final approval of the settlement
shall be continued from May 13, 2013 to May 27, 2013.

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The deadline for Class Members to file any opposition to the settlement itself, counsel’s

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motion for attorney’s fees and costs, or Class Representatives’ applications for Enhancement Payment

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awards shall be continued from May 27, 2013 to June 10, 2013.

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The deadline to file any reply to the opposition to the settlement itself, counsel’s motion for

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attorneys’ fees and costs, or Class Representatives’ applications for Enhancement Payment awards

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shall be continued from June 3, 2013 to June 17, 2013.

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All other orders within the Preliminary Approval Order shall remain the same.

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UNIT
ED

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March __, 2013

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By:________________________________
Hon. Thelton E. Henderson
Judge of the United States District Court
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DATED:

NO

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ISTRIC
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for Judge Thelton E. Henderson

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2013.

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The Final Approval and Fairness Hearing shall be continued from June 17, 2013 to July 1,

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D IS T IC T O
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14644357.1

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AMENDED JOINT STIPULATION AND [PROPOSED] ORDER TO MODIFY CLASS ACTION
SETTLEMENT PRELIMINARY APPROVAL ORDER (3:09-CV-01375-TEH)