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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1 2 3 4 SEYFARTH SHAW LLP Gilmore F. Diekmann, Jr. (State Bar No. 50400) gdiekmann@seyfarth.com Francis J. Ortman, III (State Bar No. 213202) fortman@seyfarth.com Ari Hersher (State Bar No. 260321) ahersher@seyfarth.com 560 Mission Street, Suite 3100 San Francisco, California 94105-2930 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 5 6 7 8 9 10 11 12 Attorneys for Defendant KIEWIT PACIFIC CO. LAW OFFICES OF PETER M. HART PETER M. HART (State Bar No. 198691) hartpeter@msn.com KIMBERLY A. WESTMORELAND (State Bar No. 237919) kwestmoreland.loph@gmail.com 12121 Wilshire Blvd, Suite 205 Los Angeles, California 90025 Telephone: (310) 478-5789 Facsimile: (509) 561-6441 Attorneys for Plaintiff ASHLEY WILSON 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 17 18 19 20 21 ASHLEY WILSON, as an individual and on ) behalf of all others similarly situated, ) ) Plaintiff, ) ) v. ) ) KIEWIT PACIFIC CO., a corporation; ) ) Defendant. ) ) Case No.: C09-03630 SI STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT 22 23 24 Pursuant to Civil Local Rules 7-12 and 16-2, it is hereby stipulated, by and between 25 ASHLEY WILSON (“Plaintiff”) and KIEWIT PACIFIC CO. (“Defendant”) (collectively the 26 “Parties”), through their respective undersigned counsel, as follows: 27 28 1 STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT (CASE NO. C09-03630 SI) 1 2 3 4 5 6 7 8 9 10 11 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 12 on Motion from August 26, 2011, at 9:00 a.m. to October 14, 2011, at 9:00 a.m. after the Parties 13 advised the Court of their efforts to gather data and finalize the Settlement Agreement; 14 WHEREAS, the Parties are still in the process of drafting a long-form class action 15 Settlement Agreement and have continued their efforts to reach an agreed-upon Settlement 16 Agreement and have narrowed most of the issues that were outstanding and anticipate that this 17 will be their last request for additional time to finalize the Settlement Agreement; 18 19 20 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, 21 including a previously scheduled trial, the Parties do not anticipate that they will be able to file 22 the Motion until October 7, 2011. 23 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant, 24 through their respective undersigned counsel, that the Motion for Preliminary Approval of Class 25 Action Settlement will be filed on or before October 7, 2011. 26 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant, 27 through their respective undersigned counsel, that the hearing date on the Motion for Preliminary 28 2 STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT (CASE NO. C09-03630 SI) 1 2 3 4 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 5 By: 6 7 Attorneys for Defendant KIEWIT PACIFIC CO. 8 9 /s/ ___________________ Francis J. Ortman III Ari Hersher DATED: September 9, 2011 LAW OFFICES OF PETER M. HART 10 11 12 13 By: /s/ __ Peter M. Hart ___________________ Attorney for Plaintiff ASHLEY WILSON 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT (CASE NO. C09-03630 SI) 1 ]PROPOSED] ORDER 2 3 4 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 5 6 Action Settlement is hereby vacated; 2. The hearing on the Motion for Preliminary Approval of Class Action Settlement is 7 18 hereby set for November __, 2011, or ___________, 2011, at 9:00 a.m. 8 9 PURSUANT TO STIPULATION, IT IS SO ORDERED. 10 11 12 9/13/11 Date: ______________ 13 ___________________________ The Honorable Susan Illston Judge of the United States District Court 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT (CASE NO. C09-03630 SI) 13635037v.1

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