Wilson v. Peter Kiewit Sons, Inc. et al

Filing 100

ORDER continuing motion (tf, COURT STAFF) (Filed on 9/14/2011)

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SEYFARTH SHAW LLP
Gilmore F. Diekmann, Jr. (State Bar No. 50400) [e-mail]
Francis J. Ortman, III (State Bar No. 213202) [e-mail]
Ari Hersher (State Bar No. 260321) [e-mail]
560 Mission Street, Suite 3100
San Francisco, California 94105-2930
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
KIEWIT PACIFIC CO.
LAW OFFICES OF PETER M. HART
PETER M. HART (State Bar No. 198691)
[e-mail]
KIMBERLY A. WESTMORELAND (State Bar No. 237919)
[e-mail]
12121 Wilshire Blvd, Suite 205
Los Angeles, California 90025
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
ASHLEY WILSON

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ASHLEY WILSON, as an individual and on )
behalf of all others similarly situated,
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Plaintiff,
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v.
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KIEWIT PACIFIC CO., a corporation;
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Defendant.
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Case No.: C09-03630 SI
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE HEARING
DATE FOR MOTION FOR
PRELIMINARY APPROVAL OF CLASS
SETTLEMENT

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Pursuant to Civil Local Rules 7-12 and 16-2, it is hereby stipulated, by and between

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ASHLEY WILSON (“Plaintiff”) and KIEWIT PACIFIC CO. (“Defendant”) (collectively the

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“Parties”), through their respective undersigned counsel, as follows:

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR MOTION
FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT (CASE NO. C09-03630 SI)

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WHEREAS, on May 17, 2011, the Parties participated in a settlement conference with
the Honorable Judge James Larson;
WHEREAS, the Parties provisionally agreed on settlement terms for Plaintiff’s
individual and class action claims at the settlement conference;
WHEREAS, on July 6, 2011, the Parties filed a Stipulation and [Proposed] Order to
Vacate Order Dismissing Case and Setting Hearing Date on Motion for Preliminary Approval,
and requested a hearing date on the Motion for Preliminary Approval of Class Action Settlement
(“Motion”) on August 26, 2011, at 9:00 a.m.;
WHEREAS, the Court entered an Order Vacating the Order Dismissing the Case and
setting the hearing date on the Parties’ Motion for August 26, 2011, at 9:00 a.m.;
WHEREAS, the Court upon request of the Parties the Court continued the hearing date

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on Motion from August 26, 2011, at 9:00 a.m. to October 14, 2011, at 9:00 a.m. after the Parties

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advised the Court of their efforts to gather data and finalize the Settlement Agreement;

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WHEREAS, the Parties are still in the process of drafting a long-form class action

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Settlement Agreement and have continued their efforts to reach an agreed-upon Settlement

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Agreement and have narrowed most of the issues that were outstanding and anticipate that this

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will be their last request for additional time to finalize the Settlement Agreement;

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WHEREAS, the Parties require additional time to review the class data, negotiate the
class settlement terms, and hone the long-form class action Settlement Agreement;
WHEREAS, the Parties have met and conferred and due to the schedules of counsel,

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including a previously scheduled trial, the Parties do not anticipate that they will be able to file

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the Motion until October 7, 2011.

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant,

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through their respective undersigned counsel, that the Motion for Preliminary Approval of Class

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Action Settlement will be filed on or before October 7, 2011.

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant,

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through their respective undersigned counsel, that the hearing date on the Motion for Preliminary

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR MOTION
FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT (CASE NO. C09-03630 SI)

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Approval of Class Action Settlement be scheduled for November 11, 2011, or as soon thereafter
as the Court is available.
IT IS SO STIPULATED.
DATED: September 9, 2011

SEYFARTH SHAW LLP

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By:

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Attorneys for Defendant
KIEWIT PACIFIC CO.

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/s/
___________________
Francis J. Ortman III
Ari Hersher

DATED: September 9, 2011

LAW OFFICES OF PETER M. HART

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By:

/s/
__
Peter M. Hart

___________________

Attorney for Plaintiff
ASHLEY WILSON

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR MOTION
FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT (CASE NO. C09-03630 SI)

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]PROPOSED] ORDER

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The Parties having so stipulated, and GOOD CAUSE APPEARING
THEREFORE, IT IS HEREBY ORDERED that:
1. The October 14, 2011 hearing date on the Motion for Preliminary Approval of Class

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Action Settlement is hereby vacated;
2. The hearing on the Motion for Preliminary Approval of Class Action Settlement is

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hereby set for November __, 2011, or ___________, 2011, at 9:00 a.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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9/13/11
Date: ______________

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___________________________
The Honorable Susan Illston
Judge of the United States District Court

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR MOTION
FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT (CASE NO. C09-03630 SI)

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