Lemus v. H&R Block Tax and Business Services, Inc. et al

Filing 114

ORDER CONTINUING MOTION (tf, COURT STAFF) (Filed on 1/9/2012)

1 MARLIN & SALTZMAN, LLP

Louis M. Marlin (SBN 54053)
2 Dale A. Anderson (SBN 122104)
3200 El Camino Real, Ste. 100
3 Irvine, CA 92602
Tel: [phone]; Fax: [phone]
4 [e-mail]
[e-mail]

5
6

Attorneys for Plaintiffs*
*Additional plaintiffs’ counsel on following page

7 SEYFARTH SHAW, LLP

Andrew M. Paley (SBN 149699)
8 Sheryl L. Skibbe (SBN 199441)
2029 Century Park East, Suite 3500
9 Los Angeles, CA 90067
Tel: [phone] Fax: [phone]
10 [e-mail]
[e-mail]

11
12

Attorneys for Defendants

13

UNITED STATES DISTRICT COURT

14

IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

15
16 ARABELLA LEMUS, MALVIN A. AYALA as
individuals and on behalf of all others similarly
17 situated,

18
19

Case No. CV-09-03179 SI
The Honorable Susan Illston
CLASS ACTION

Plaintiffs,
vs.

H&R BLOCK ENTERPRISES, LLC (fka H&R
20 BLOCK ENTERPRISES, INC., a Missouri
corporation); and DOES 1 through 50, inclusive,

21

JOINT STIPULATION FOR TO CONTINUE
HEARING ON MOTION FOR
PRELIMINARY APPROVAL OF
SETTLEMENT

Defendants.

22
23
24
25
26
27
28

Joint Stipulation to Continue Hearing on Preliminary Approval of Settlement
CV-09-03179 SI
14081126v.1

ADDITIONAL PLAINTIFF'S COUNSEL

1

2 MARLIN & SALTZMAN, LLP
Stanley Saltzman (SBN 90058)

3 Marcus Bradley (SBN 174156)
4 29229 Canwood St., Ste. 208

Agoura Hills, California 91301
5 Tel: [phone]; Fax: [phone]
[e-mail]
6 [e-mail]

7 DIVERSITY LAW GROUP, APC
8 Larry W. Lee (SBN 228175)
9
10
11
12

LAW OFFICE OF SHERRY JUNG
Sherry Jung (SBN 234406)
444 S. Flower Street
Los Angeles, California 90071
Telephone: [phone]
[e-mail]
[e-mail]

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

Joint Stipulation to Continue Hearing on Preliminary Approval of Settlement
CV-09-03179 SI
14081126v.1

1

The undersigned counsel of record hereby stipulate and agree as follows:

2

At the last case management conference, the Court set a hearing date of January 13, 2012, on

3 the parties’ cross motions for summary judgement / adjudication, or in the alternative, if the parties
4 reached a settlement of this matter, for preliminary approval of the settlement agreement. The parties
5 are pleased to inform the Court that they have recently finalized and executed a settlement agreement
6 and request that the Court take off calendar the parties’ cross motions and continue the hearing for
7 preliminary approval of the settlement to February 10, 2012, or a date thereafter that is convenient for
8 the Court.
There are several reasons underlying the parties’ request to continue the preliminary approval

9

10 hearing date:
1. The parties have just finalized and executed the settlement documents and now need to

11

12 prepare the motion for preliminary approval;
13

2. The busiest part of Defendant’s tax season occurs between mid January and early February.

14

3. Defendant anticipates that the preliminary approval hearing could generate questions from

15 its tax preparers. Defendant wants to ensure that there is sufficient time to put a communication plan in
16 place alerting its managers that a settlement has been reached and instructing its managers on the
17 appropriate manner in which to deal with such questions (i.e. - to not substantively discuss the terms of
18 the settlement with tax preparers, or to say anything which might encourage or discourage tax preparers
19 from participating in the settlement). Moreover, Defendant believes that its managers would be best
20 equipped to deal with such questions outside of the busiest part of its tax season. .
4. The parties have agreed upon a schedule for dissemination of the notice to the class and

21

22 final approval of the settlement which contemplates a preliminary approval hearing in early February
23 and so no undue delay will be caused by the parties’ request for a short continuance of the preliminary
24 approval hearing.
5. The parties have contacted the Court’s clerk, who has informed counsel that February 10,

25

26 2012, is an available date on the Court’s calendar.
It is therefore stipulated as follows:

27
28

3

Joint Stipulation to Continue Hearing on Preliminary Approval of Settlement
CV-09-03179 SI
14081126v.1

1 1.

The cross motions for summary judgment/adjudication are hereby withdrawn by the parties;

2 2.

The motion for preliminary approval of the settlement be continued until February 10, 2012, or

3

a date thereafter that is convenient for the Court.

4 DATED: January 6, 2012

MARLIN & SALTZMAN, LLP

5
6

By: /s/ Louis M. Marlin
Louis M. Marlin
Attorneys for Plaintiffs and Plaintiff Class

7
8
9 DATED: January 6, 2012

SEYFARTH SHAW, LLP

10
11

By: /s/ Andrew M. Paley
Andrew M Paley
Attorneys for Defendants

12
13 IT IS SO ORDERED:
14
15 Dated:

1/9/11
Hon. Susan Illston
United States District Judge

16
17
18
19
20
21
22
23
24
25
26
27
28

4

Joint Stipulation to Continue Hearing on Preliminary Approval of Settlement
CV-09-03179 SI
14081126v.1