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

Filing 88

STIPULATION AND ORDER TO VACATE CASE MANAGEMENT CONFERENCE AND SET DEADLINE FOR PLAINTIFFS FILING FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT; NOTICE OF SETTLEMENT. Signed by Judge Thelton E. Henderson on 04/16/2012. (tmi, COURT STAFF) (Filed on 4/16/2012)

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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’ counsels 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

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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,

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Plaintiffs,
vs.

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

CASE NO. C 09-01375 TEH
NOTICE OF SETTLEMENT; JOINT
STIPULATION AND [PROPOSED] ORDER
TO VACATE CASE MANAGEMENT
CONFERENCE AND SET DEADLINE FOR
PLAINTIFFS’ FILING FOR PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

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NOTICE OF SETTLEMENT; JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE CASE
MANAGEMENT CONFERENCE AND SET DATES (C 09-01375 TEH)

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ADDITIONAL PLAINTIFFS’ COUNSEL:

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ERIC HONIG (State Bar No. 140765)
LAW OFFICE OF ERIC HONIG
P.O. Box 10327
Marina del Rey, California 90295
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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KENNETH H. YOON (State Bar No. 198443)
[e-mail]
LAW OFFICES OF KENNETH H. YOON
One Wilshire Blvd., Suite 2200
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]
Levik Yarian (State Bar No. 213818)
[e-mail]
Allen Patatanyan (State Bar No. 210586)
[e-mail]
YARIAN & PATATANYAN, LLP
1511 W. Glenoaks Boulevard
Glendale, California 91202
Telephone: [phone]
Facsimile: [phone]
Michael Gould (State Bar No. 151851)
[e-mail]
Aarin A. Zeif (State Bar No. 247088)
[e-mail]
GOULD & ASSOCIATES
17822 East 17th Street, Suite 106
Tustin, California 92780
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Gary Minor, Banipal
Shabaz, Narek Eloyan, Shehan Bederian,
and Michael Macias

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NOTICE OF SETTLEMENT; JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE CASE
MANAGEMENT CONFERENCE AND SET DATES (C 09-01375 TEH)

STIPULATION

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Plaintiffs Gary Minor, Banipal Shabaz, Narek Eloyan, Shehan Bederian and Michael

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Macias (collectively “Plaintiffs”) and Defendant FedEx Office and Print Services, Inc. (“Defendant”)

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(collectively “the Parties”), stipulate and agree as follows:

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WHEREAS, on December 12, 2011 the Parties had a full day mediation session with

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private mediator Michael Dickstein, Esq. in San Francisco, California, at which the Parties were not

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able to settle the case but agreed to continue settlement discussions;
WHEREAS, the Parties since the last mediation session continued settlement

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discussions through mediator Dickstein as well as through direct discussions;

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WHEREAS, on April 11, 2012, the Parties reached a settlement in principle in this

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matter based on the general terms discussed at the mediation and based on further discussions and

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proposals made by the Parties and by mediator Dickstein and have executed a binding Memorandum

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of Understanding resolving this matter on a class-wide basis;
WHEREAS, this case currently is scheduled for a Case Management Conference on

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April 16, 2012 (“the Case Management Conference”);
WHEREAS, the Parties previously requested and were granted an extension of the

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Case Management Conference to allow for settlement discussions to take place including the

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December 12, 2011 mediation, which has now resulted in the settlement of this matter;
WHEREAS, the Parties, accordingly, believe it would conserve judicial resources and

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promote efficiency to vacate the Case Management Conference in light of the resolution of this case;

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WHEREAS, the Parties have agreed that Plaintiffs’ Motion for Preliminary Approval

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Class Action Settlement shall be filed on or before August 1, 2012, and shall be set for hearing in

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accord with the Local Rules and based on the availability of the Court;
WHEREAS, there is no trial date set for this case;

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NOTICE OF SETTLEMENT; JOINT STIPULATION AND [PROPOSED] ORDER TO VACATE CASE
MANAGEMENT CONFERENCE AND SET DATES (C 09-01375 TEH)

IT IS HEREBY STIPULATED by the Parties herein, through their counsel of record,

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as follows:

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The Case Management Conference shall be vacated and Plaintiffs’ Motion for
Preliminary Approval of Class Action Settlement shall be filed on or before August 1, 2012.

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DATED:

April 12, 2012

LAW OFFICES OF PETER M. HART

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By: /s/ Amber S. Healy____________
Peter M. Hart
Amber S. Healy
Attorney for Plaintiffs

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DATED:

April 12, 2012

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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

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[PROPOSED] ORDER

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The parties having so stipulated, and GOOD CAUSE APPEARING THEREFORE, IT

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IS HEREBY ORDERED that:
The Case Management Conference set for April 16, 2012, at 1:30 p.m. is VACATED.

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Plaintiffs’ shall file their Motion for Preliminary Approval for Class Action Settlement

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on or before August 1, 2012.

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04/16/2012
_________________

_________________________________
Hon. Thelton E. Hendersonson
r
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Judge, United Thelton EDistrict Court
dge States
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DATED:

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F
D I S TORDER O VACATE CASE
NOTICE OF SETTLEMENT; JOINT STIPULATION AND [PROPOSED] R I C T TO
MANAGEMENT CONFERENCE AND SET DATES (C 09-01375 TEH)