Walter et al v. Hughes Communications, Inc. et al

Filing 114

Order by Hon. Samuel Conti granting (113) Stipulation in case 3:09-cv-02136-SC.Associated Cases: 3:09-cv-02136-SC, 3:09-cv-03543-SC(sclc1, COURT STAFF) (Filed on 3/21/2012)

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Robert B. Hawk (SBN 118054)
J. Christopher Mitchell (SBN 215639)
HOGAN LOVELLS US LLP
525 University Avenue, 4th Floor
Palo Alto, California 94301
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants
HUGHES COMMUNICATIONS, INC.
and HUGHES NETWORK SYSTEMS, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TINA WALTER, CHRISTOPHER BAYLESS,
and ERIC SCHUMACHER, individually and on
behalf of all others similarly situated,

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Plaintiffs,
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v.

CASE NO.: 09-CV-02136 SC
STIPULATION AND [PROPOSED]
SUPPLEMENTAL ORDER
REGARDING PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

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HUGHES COMMUNICATIONS, INC. and
HUGHES NETWORK SYSTEMS, LLC,

The Honorable Samuel Conti

Defendants.

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STIPULATION AND [PROPOSED] SUPPLEMENTAL ORDER
REGARDING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
CASE NO.: 09-CV-02136 SC

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WHEREAS, on February 29, 2012, Plaintiffs Tina Walter, Christopher Bayless and Eric

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Schumacher (“Plaintiffs”) submitted a [Proposed] Order Conditionally Certifying Class and

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Granting Preliminary Approval of Class Action Settlement (the “Proposed Order”) with their

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Supplemental Motion for Preliminary Approval of Settlement and Conditional Certification of

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Settlement Class in this action;

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WHEREAS, on March 2, 2012, this Court, adopting the Proposed Order, granted
preliminary approval of the proposed settlement in this action;

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WHEREAS, the Proposed Order inadvertently failed to identify a specific date by which

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class members who wish to be excluded from the settlement must submit a request for exclusion

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pursuant to Section 3.4 of the Second Amended Settlement Agreement;
WHEREAS, the Parties jointly propose that the Court adopt a deadline of September 28,

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2012 (coinciding with the deadline for submission of settlement Claim Forms, pursuant to Section

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2.8 of the Second Amended Settlement Agreement) for class members to submit requests for

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exclusion; the parties believe this deadline will provide ample time for class members to opt out

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of the settlement, should they wish to do so;

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WHEREAS, notices to class members approved by the Court under the Proposed Order

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already contain a space for the date by which requests for exclusion from the class are to be

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postmarked, which will be filled in with the date ordered by the Court, and thus no new or

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amended notice forms will be required;

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IT IS HEREBY STIPULATED, by and between the Parties through their respective
counsel, that:
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All requests for exclusion submitted by Settlement Class Members wishing to be

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excluded from the settlement in this action must be mailed (postmarked) pursuant to Section 3.4

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of the Second Amended Settlement Agreement on or before September 28, 2012; and

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STIPULATION AND [PROPOSED] SUPPLEMENTAL ORDER
REGARDING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
CASE NO.: 09-CV-02136 SC

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2.

A copy of this Stipulation and Order shall be posted on the Settlement Website,

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together with a copy of the Court’s Order granting Preliminary Approval, pursuant to Section

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3.2(e) of the Second Amended Settlement Agreement.

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IT IS SO STIPULATED.

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Dated: March 19, 2012

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HOGAN LOVELLS US LLP
By:

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___/s/_________
Robert B. Hawk
Attorneys for Defendants
HUGHES COMMUNICATIONS, INC. and
HUGHES NETWORK SYSTEMS LLC

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Dated: March 19, 2012

BRAMSON, PLUTZIK, MAHLER

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&BIRKHAEUSER, LLP

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By:

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_____/s/_____
Jennifer S. Rosenberg
Attorneys for Plaintiffs

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PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED

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Dated: March 20 2012
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THE HONORABLE SAMUEL CONTI

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STIPULATION AND [PROPOSED] SUPPLEMENTAL ORDER
REGARDING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
CASE NO.: 09-CV-02136 SC

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