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

Filing 117

Order by Hon. Samuel Conti granting (115) Second Stipulation Regarding Preliminary Approval of Class Action Settlement.Associated Cases: 3:09-cv-02136-SC, 3:09-cv-03543-SC(sclc1, COURT STAFF) (Filed on 5/16/2012)

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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
SECOND STIPULATION AND
[PROPOSED] SUPPLEMENTAL
ORDER REGARDING
PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT

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

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The Honorable Samuel Conti

Defendants.

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SECOND STIPULATION AND [PROPOSED] SUPPLEMENTAL ORDER
REGARDING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT
CASE NO.: 09-CV-02136 SC
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WHEREAS, the Court’s March 2, 2012 Order Conditionally Certifying Class and

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Granting Preliminary Approval of Class Action Settlement (“Preliminary Approval Order”)

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requires the Parties hereto to use reasonable efforts to cause publication and dissemination of

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Class Notice pursuant to Section 3.2 of the Second Amended Settlement Agreement (“the

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Settlement”) to be completed within ninety (90) days of the Preliminary Approval Order;

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WHEREAS, ninety (90) days from issuance of the Preliminary Approval Order will
expire on Thursday, May 31, 2012;
WHEREAS, Section 3.2 of the Settlement calls, inter alia, for publication of the
“Summary Settlement Notice – Publication,” in the form attached as Exhibit B4 to the
Preliminary Approval Order, on “two consecutive Mondays in USA Today”;
WHEREAS, the Parties had anticipated that the Summary Settlement Notice – Publication

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would be published in USA Today, pursuant to the terms of the Preliminary Approval Order and

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Section 3.2 of the Settlement, on Monday, May 21, 2012, and Monday, May 28, 2012, and

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Defendants had arranged with the Settlement Administrator to reserve the space necessary for

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publication on those dates;

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WHEREAS, the Settlement Administrator informed the Parties for the first time on May

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14, 2012, that USA Today will not publish an issue on Monday, May 28, 2012, due to the

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Memorial Day holiday, and will not publish an issue on the preceding Saturday (May 26) or

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Sunday (May 27);

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WHEREAS, the circulation of USA Today is generally higher on Fridays than on any
other day of the week (see Decl. of Jonathan Carameros at ¶ 4);
WHEREAS, the Parties jointly propose that the Court amend the timing of publication

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notice, as set forth in the Preliminary Approval Order and the Settlement, to provide for

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publication of the Summary Settlement Notice – Publication on Monday, May 21, 2012, and

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Friday, May 25, 2012;

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IT IS HEREBY STIPULATED, by and between the Parties through their respective
counsel, that the time for publication notice set forth in Paragraph 4(a) of the Court’s March 2,

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STIPULATION AND [PROPOSED] ORDER RE RESPONSE TO COMPLAINT
CASE NO.: 09-CV-02136 SC
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2012, Preliminary Approval Order and Section 3.2(a) of the Second Amended Settlement

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Agreement is hereby amended as follows: the Summary Settlement Notice – Publication (Exhibit

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B4 to the Preliminary Approval Order) shall be published on Monday, May 21, 2012, and Friday,

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May 25, 2012.

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IT IS SO STIPULATED.

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Dated: May 16, 2012

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HOGAN LOVELLS US LLP
By:

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Attorneys for Defendants
HUGHES COMMUNICATIONS, INC. and
HUGHES NETWORK SYSTEMS LLC

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s/ Robert B. Hawk
Robert B. Hawk

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Dated: May 16, 2012

BRAMSON, PLUTZIK, MAHLER &
BIRKHAEUSER, LLP

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By:

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

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PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED

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Dated: May 16 2012
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THE HONORABLE SAMUEL CONTI

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STIPULATION AND [PROPOSED] ORDER RE RESPONSE TO COMPLAINT
CASE NO.: 09-CV-02136 SC
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