Wilson v. Peter Kiewit Sons, Inc. et al

Filing 96

ORDER Order To Vacate Order Dismissing Case And Setting Hearing Date On Motion For Preliminary Approval by Ashley Wilson Motion Hearing set for 8/26/2011 09:00 AM before Hon. Susan Illston. (tf, COURT STAFF) (Filed on 7/7/2011)

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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 VACATE ORDER
DISMISSING CASE AND SETTING
HEARING DATE ON MOTION FOR
PRELIMINARY APPROVAL

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Pursuant to Civil Local Rules 7-12 and 16-2, it is hereby stipulated, by and between
ASHLEY WILSON (“Plaintiff”) and KIEWIT PACIFIC CO. (“Defendant”) (collectively the
“Parties”), through their respective undersigned counsel, as follows:

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STIPULATION AND [PROPOSED] ORDER TO VACATE ORDER DISMISSING CASE AND SETTING
HEARING DATE ON MOTION FOR PRELIMINARY APPROVAL / CASE NO. C09-03630 SI

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WHEREAS, a Settlement Conference in the above-captioned class action case occurred
on May 17, 2011 with Magistrate Judge James Larson;
WHEREAS, the Parties reached a provisional class action settlement agreement at the
Settlement Conference;
WHEREAS, on May 17, 2011, Judge Larson issued a Minute Entry confirming that the
case had settled at the Settlement Conference;
WHEREAS, on May 25, 2011, Judge Illston entered an Order Dismissing Case,
WHEREAS, on June 6, 2011, counsel for Plaintiff telephoned Judge Illston’s clerk and
confirmed that this Order Dismissing Case was entered in error;
WHEREAS, the Parties wish to have this Order Dismissing Case vacated;
WHEREAS the Parties further wish to set the hearing date for the Motion for Preliminary
Approval of Class Action Settlement for August 19, 2011, at 9:00 a.m. or as soon thereafter as
the Parties may be heard;
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant,
through their respective undersigned counsel, that the Order Dismissing Case be vacated to allow
the Parties to move forward with the settlement approval process.
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant,
through their respective undersigned counsel, that the hearing date on the Motion for Preliminary
Approval of Class Action Settlement be scheduled for August 19, 2011, or as soon thereafter as
the Parties may be heard.
IT IS SO STIPULATED.

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DATED: July 5, 2011

SEYFARTH SHAW LLP

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By:

/s/
___________________
Francis J. Ortman III
Ari Hersher
Attorneys for Defendant
KIEWIT PACIFIC CO.

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STIPULATION AND [PROPOSED] ORDER TO VACATE ORDER DISMISSING CASE AND SETTING
HEARING DATE ON MOTION FOR PRELIMINARY APPROVAL / CASE NO. C09-03630 SI

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DATED: July 5, 2011

LAW OFFICES OF PETER M. HART

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By:
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/s/ __
___________________
Kimberly A. Westmoreland
Attorney for Plaintiff
ASHLEY WILSON

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STIPULATION AND [PROPOSED] ORDER TO VACATE ORDER DISMISSING CASE AND SETTING
HEARING DATE ON MOTION FOR PRELIMINARY APPROVAL / 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:

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1. The Order Dismissing Case is hereby vacated;

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2. The hearing on the Motion for Preliminary Approval of Class Action

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8/26/11
Settlement is hereby set for August 19, 2011, or ___________, 2011, at

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a.m./p.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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7/6/11
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 VACATE ORDER DISMISSING CASE AND SETTING
HEARING DATE ON MOTION FOR PRELIMINARY APPROVAL / CASE NO. C09-03630 SI

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