Kazemi v. Payless Shoesource, Inc. et al

Filing 78

STIPULATION AND ORDER EXTENDING TIME TO FILE MOTION FOR AWARD OF ATTORNEYS' FEES, EC. re 77 Stipulation filed by Mohammad Kazemi. Signed by Judge Edward M. Chen on 10/5/11. (bpf, COURT STAFF) (Filed on 10/6/2011)

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JEFFREY F. KELLER (SBN 148005)
KELLER GROVER, LLP
1965 Market Street
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]
[e-mail]
JOHN G. JACOBS (PRO HAC VICE)
BRYAN G. KOLTON (PRO HAC VICE)
JACOBS KOLTON, CHTD.
122 South Michigan Avenue, Suite 1850
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]
jgjacobs@ jacobskolton.com
bgkolton@ jacobskolton.com

IAN D. VOLNER (PRO HAC VICE)
VENABLE, LLP
575 7th Street, NW
Washington, DC 20004
Telephone: [phone]
Facsimile: 202-344-8300
[e-mail]
Attorneys For Defendant Payless
Shoesource, Inc.

Attorneys for Plaintiff and the Settlement
Class

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MOHAMMAD KAZEMI, individually and on
behalf of a class of similarly situated individuals,

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Plaintiff,
v.

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PAYLESS SHOESOURCE, INC., a Missouri
corporation, COLLECTIVE BRANDS, INC.,
a Delaware corporation, and VOICE-MAIL
BROADCASTING CORPORATION d/b/a
VOICE & MOBILE BROADCAST
CORPORATION a/k/a VMBC,

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Defendants.

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Case No. 09-cv-5142 EMC
CLASS ACTION
STIPULATION TO
CONTINUE FILING DATE
FOR PLAINTIFF’S MOTION
FOR AWARD OF
ATTORNEYS’ FEES AND
EXPENSES AND INCENTIVE
AWARD TO THE CLASS
REPRESENTATIVE ; ORDER

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STIPULATION TO CONTINUE FILING DATE FOR PLAINTIFF’S MOTION FOR
ATTORNEYS’ FEES, EXPENSES AND INCENTIVE AWARD

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Plaintiff Mohammad Kazemi (“Plaintiff”) and Defendant Payless Shoesource, Inc.

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(“Payless” or “Defendant”), by and through their respective counsel, hereby enter into the

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following Stipulation seeking a continuance of the filing date for Plaintiff’s motion for an

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award of attorneys’ fees and expenses and incentive award to the class representative from

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October 5, 2011 to October 13, 2011.

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parties based on the following facts:

This Stipulation is made and entered into by the

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On March 31, 2011, Plaintiff filed a motion for preliminary approval of a class action

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settlement agreement into which the parties had entered, which motion was to be presented

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on April 25, 2011. (Docket No. 53.)

The Court (per Judge Patel to whom the case was

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originally assigned, and then per Judge Chen to whom it was transferred) ordered

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supplemental briefing on specified issues, which supplemental briefing was supplied (Docket

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Nos. 61, 63, 70 and 72). On September 6, 2011, this Court entered its Order (Docket No.

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76), granting preliminary approval to the class action settlement. The said Order specified,

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inter alia, that plaintiff should file any petition for an award of attorneys’ fees and expenses

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and an incentive award to the class representative no later than October 5, 2011.

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The schedule of the undersigned counsel for Plaintiff during the time since the entry

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of the Order has been particularly onerous and despite diligent efforts, counsel does not feel

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able to file an appropriate petition without obtaining a short extension, until October 13,

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2011.

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Accordingly, the undersigned parties HEREBY STIPULATE AND AGREE as
follows, subject to the approval of the Court:

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1.

Plaintiff’s time for filing a petition for an award of attorneys’ fees and

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expenses and an incentive award to the class representative shall be extended to October 13,

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2011.

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2.

No other dates specified in the Court’s September 6, 2011 Order shall be

affected or changed by this Stipulation.
STIPULATION TO CONTINUE FILING DATE OF PLAINTIFF’S MOTION FOR
ATTORNEYS’ FEES, EXPENSES AND INCENTIVE AWARD
Case No. 09-cv-5142 EMC
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IT IS SO STIPULATED.

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Dated: October 5, 2011

Respectfully submitted,
JACOBS KOLTON, CHARTERED

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By: /s/ John G. Jacobs
John G. Jacobs

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Attorneys for Plaintiff
and the Settlement Class

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VENABLE, LLP

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By: _/s/ Ian D. Volner_________________
Ian D. Volner

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Attorney for Defendant Payless
Shoesource, Inc.

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ER

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R NIA
FO

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Honorable Edward M. Chen
United States District Court Judge
Northern District of California . Chen
dward M
Judge E

NO

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DERED

O OR
IT IS S

LI

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October 5, 2011
Dated: ______________

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S DISTRICT
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IT IS SO ORDERED.

UNIT
ED

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N

D IS T IC T
R

OF

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STIPULATION TO CONTINUE FILING DATE OF PLAINTIFF’S MOTION FOR
ATTORNEYS’ FEES, EXPENSES AND INCENTIVE AWARD

C

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GENERAL ORDER 45 ATTESTATION

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In accordance with General Order 45, concurrence in the filing of this document has

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been obtained from Ian D. Volner. I shall maintain records to support this concurrence for

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subsequent production to the Court if so ordered for inspection upon the request of any party.

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By: /s/ John G. Jacobs
John G. Jacobs

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One of The Attorneys for Plaintiff
and the Setlement Class

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STIPULATION TO CONTINUE FILING DATE OF PLAINTIFF’S MOTION FOR
ATTORNEYS’ FEES, EXPENSES AND INCENTIVE AWARD