Sabatino v. Weight Watchers North America Inc

Filing 64

STIPULATION AND ORDER re: Reissued Settlement Checks. Signed by Judge Thelton E. Henderson on 11/14/2011. (tmi, COURT STAFF) (Filed on 11/15/2011)

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GIBSON, DUNN & CRUTCHER LLP
CHRISTOPHER MARTIN, SBN 82456
[e-mail]
RACHEL S. BRASS, SBN 219301
[e-mail]
555 Mission Street
Suite 3000
San Francisco, California 94105-2933
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
WEIGHT WATCHERS NORTH AMERICA, INC.

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RUDY, EXELROD, ZIEFF & LOWE, LLP
STEVEN G. ZIEFF, SBN 84222
[e-mail]
JOHN T. MULLAN, SBN 221149
[e-mail]
351 California Street, Suite 700
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff ELAINE SABATINO

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ELAINE SABATINO, BETTY MATHIAS, and
MARGOT REEMTS, individually and on behalf
of all others similarly situated,
Plaintiff,

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CASE NO. CV 09-4926 TEH
JOINT STIPULATION AND [PROPOSED]
ORDER RE: REISSUED SETTLEMENT
CHECKS

v.
WEIGHT WATCHERS NORTH AMERICA,
INC.,

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Defendant.
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Gibson, Dunn &
Crutcher LLP

JOINT STIPULATION AND [PROPOSED] ORDER RE: REISSUED SETTLEMENT CHECKS
CASE NO. CV 09-4926 (TEH)

WHEREAS, in this matter on May 23, 2011, this Court issued a “Notice of Entry of Judgment

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and Order Finally Approving Class Action Settlement and Plan of Distribution; Approving Service

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Payment to Named Plaintiffs; and Reserving Jurisdiction” (Docket No. 61);

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WHEREAS, pursuant to the terms of the approved Settlement Agreement, the Settlement

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Administrator issued settlement checks to participating Class Members on July 7, 2011 bearing a

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check void date of November 4, 2011, with any uncollected funds to be distributed to cy pres

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recipients after the November 4, 2011 deadline;

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WHEREAS, on October 28, 2011, by agreement of the parties, the Settlement Administrator

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placed phone calls to Class Members who had not yet cashed their settlement checks to remind them

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of the November 4, 2011 check void date. These calls were not contemplated by the Settlement

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Agreement, but were requested by Class Counsel in the interest of Class Members. The parties

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agreed that the costs incurred in making these telephone calls to Class Members should be taken from

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the residue of uncashed checks (approximately $660);
WHEREAS, in response to these telephone calls, some Class Members made last minute or

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belated requests for a reissued check from the Settlement Administrator, and;
WHEREAS, in response to these requests, the parties have agreed to modify the check void

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deadlines as stipulated below;
THEREFORE, the parties hereby agree and stipulate, subject to the approval of the Court,

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that:

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1.

The approximately $660 incurred in making telephone calls to Class Members on

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October 28, 2011 should be taken from the residue of uncashed checks, and, to the
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extent the $660 exceeds the residual amount available, Class counsel will pay the
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difference.
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2.

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(a) All check reissue requests received by November 11, 2011 will be honored, and the

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Any requests from Class Members for reissued checks shall be handled as follows:

reissued checks will have a void date of December 11, 2011;

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Gibson, Dunn &
Crutcher LLP

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JOINT STIPULATION AND [PROPOSED] ORDER RE: REISSUED SETTLEMENT CHECKS
CASE NO. CV 09-4926 (TEH)

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(b) No check re-issue requests will be honored after November 11, 2011, and no further
check void date extensions beyond December 12, 2011 will be permitted.
(c) The costs associated in extending the check re-issue date to November 11, 2011, and

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extending the check void date extension to December 12, 2011 (approximately $200) should be taken

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from the residue of uncashed checks, and, to the extent the $200 exceeds the residual amount

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available, Class Counsel will pay the difference; and

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(d) Any checks that were re-issued prior to the November 4, 2011 void date, but which were
not cashed prior to the November 4, 2011 void date will be honored through December 11, 2011.
IT IS SO STIPULATED.
DATED: November 11, 2011

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/s/ John T. Mullan
John T. Mullan
Attorneys for Plaintiff
ELAINE SABATINO
By:

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RUDY, EXELROD, ZIEFF & LOWE, L.L.P.
STEVEN G. ZIEFF
JOHN T. MULLAN

DATED: November 11, 2011

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GIBSON, DUNN & CRUTCHER LLP
CHRISTOPHER J. MARTIN
RACHEL S. BRASS
JESSE A. CRIPPS

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/s/ Jesse A. Cripps
Jesse A. Cripps

By:

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Attorneys for Defendant
WEIGHT WATCHERS NORTH AMERICA, INC.

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_______________________________________
The Honorable Thelton E. Henderson
rson
. Hende
United States eDistrictECourt
Thelton
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11/14
DATED: __________________, 2011

UNIT
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IT IS SO ORDERED.

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JOINT STIPULATION AND [PROPOSED] ORDER RE: REISSUED SETTLEMENT CHECKS
CASE NO. CV 09-4926 (TEH)