Sabatino v. Weight Watchers North America Inc

Filing 33

STIPULATION AND ORDER Amending Case Management Schedule. Signed by Judge Thelton E. Henderson on 10/19/10. (tmi, COURT STAFF) (Filed on 10/20/2010)

Sabatino v. Weight Watchers North America Inc

Doc. 33

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GIBSON, DUNN & CRUTCHER LLP CHRISTOPHER MARTIN, SBN 82456 [e-mail] RACHEL S. BRASS, SBN 219301 [e-mail] JESSE A. CRIPPS, JR., SBN 222285 [e-mail] 555 Mission Street Suite 3000 San Francisco, California 94105-2933 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant WEIGHT WATCHERS NORTH AMERICA, INC. RUDY, EXELROD, ZIEFF & LOWE, LLP STEVEN G. ZIEFF, SBN 84222 [e-mail] KENNETH J. SUGARMAN, SBN 195059 [e-mail] 351 California Street, Suite 700 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs ELAINE SABATINO, ET AL. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ELAINE SABATINO, BETTY MATHIAS, and MARGOT REEMTS, individually and on behalf of all others similarly situated, Plaintiffs, v. WEIGHT WATCHERS NORTH AMERICA, INC., Defendants. CASE NO. CV 09-4926 TEH JOINT STIPULATION AND [PROPOSED] ORDER AMENDING CASE MANAGEMENT SCHEDULE

JOINT STIPULATION AND [PROPOSED] ORDER AMENDING CASE MANAGEMENT SCHEDULE, CASE NO. CV 09-4926 (TEH)
Dockets.Justia.com

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WHEREAS, on July 8, 2010, this Court entered an order in which the parties were directed to complete private mediation no later than October 6, 2010 (the "ADR Completion Deadline") and in which a telephonic Case Management Conference was scheduled for 1:30 p.m. on October 18, 2010, following the ADR Completion Deadline (Dkt. #25); WHEREAS, on October 6, 2010, the parties reached an agreement in principle to settle the instant matter in its entirety and signed a short Memorandum of Understanding setting forth the basic points of the settlement in summary fashion and are currently working to jointly draft a formal stipulation of settlement and preliminary approval papers for filing with the Court; WHEREAS, on October 12, 2010 the parties filed a Joint Case Management Conference Statement informing the Court that they were discussing possible filing and hearing dates for the anticipated motion seeking an order from the Court conditionally certifying a settlement class and preliminarily approving a proposed class action settlement ("Motion for Preliminary Approval") and would further advise the Court by October 15, 2010; WHEREAS, the parties have agreed to a schedule under which the Motion for Preliminary Approval would be filed no later than November 23, 2010 and heard on December 13, 2010, subject to the Court's availability; WHEREAS, the parties agree, subject to the approval of the Court, that the telephonic Case Management Conference originally scheduled for October 18, 2010 should no longer be necessary; and, WHEREAS, in light of these case developments, the parties hereby stipulate and agree as follows, subject to the Court's approval: (i) The telephonic Case Management Conference scheduled for October 18, 2010 at 1:30 p.m. is hereby VACATED. /// /// /// /// /// 1
JOINT STIPULATION AND [PROPOSED] ORDER AMENDING CASE MANAGEMENT SCHEDULE, CASE NO. CV 09-4926 (TEH)

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(ii) The parties are directed to file a formal stipulation of settlement and a Motion for Preliminary Approval of Class Action Settlement with the Court by November 23, 2010 to be heard on December 13, 2010. IT IS SO STIPULATED. DATED: October 15, 2010 RUDY, EXELROD, ZIEFF & LOWE, L.L.P. STEVEN G. ZIEFF KENNETH J. SUGARMAN By: s/ Kenneth J. Sugarman Kenneth J. Sugarman

Attorneys for Plaintiffs ELAINE SABATINO, et al. DATED: October 15, 2010 GIBSON, DUNN & CRUTCHER LLP CHRISTOPHER J. MARTIN RACHEL S. BRASS JESSE A. CRIPPS By: s/Christopher J. Martin Christopher J. Martin

Attorneys for Defendant WEIGHT WATCHERS NORTH AMERICA, INC.
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JOINT STIPULATION AND [PROPOSED] ORDER AMENDING CASE MANAGEMENT SCHEDULE, CASE NO. CV 09-4926 (TEH)

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10/19 DATED: ________________, 2010

_______________________________________ The Honorable Thelton E. Henderson United States District Henderson Court
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IT IS SO ORDERED.

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ECF ATTESTATION Pursuant to Local ECF Rules, I hereby attest that concurrence in the filing of this document has been obtained from the non-filing signatories. Executed this 15th day of October, 2010, at San Francisco, California. /s/ Kenneth J. Sugarman KENNETH J. SUGARMAN

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ECF ATTESTATION CASE NO. CV 09-4926 TEH

SAN FRANCISCO, CALIFORNIA 94104

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