Kazemi v. Payless Shoesource, Inc. et al

Filing 83

STIPULATION AND ORDER re 82 STIPULATION WITH PROPOSED ORDER re Set Hearings Stipulation to Continue Hearing Date on Motion for Final Approval of Class Settlement and Motion for Approval of Attorney's Fees filed by Payless Shoesource, Inc. Motion Hearing set for 3/23/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 2/14/12. (bpf, COURT STAFF) (Filed on 2/14/2012)

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JEFFREY F. KELLER (SBN 148005)
[e-mail]
KELLER GROVER, LLP
1965 Market Street, Suite 500
San Francisco, California 94103
Telephone: [phone]
Facsimile: 415-543-7861

IAN D. VOLNER (Pro Hac Vice)
[e-mail]
VENABLE LLP
575 7th Street, NW
Washington, DC 20004
Telephone: [phone],
Facsimile: 202-344-8300

JOHN G. JACOBS (Pro Hac Vice)
BRYAN G. KOLTON (Pro Hac Vice)
[e-mail]
[e-mail]
JACOBS KOLTON, CHTD.
122 South Michigan Avenue
Suite 1850
Chicago, Illinois 60603
Telephone: [phone]
Facsimile: [phone]

EDWARD P. BOYLE (Pro Hac Vice)
[e-mail]
VENABLE LLP
Rockefeller Center
1270 Avenue of the Americas
25th Floor
New York, New York 10020
Telephone: [phone],
Facsimile: 212-307-5598

Attorneys for Plaintiff and the
Putative Class

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)
MOHAMMAD KAZEMI, individually
and on behalf of a class of similarly
situated individuals,
Plaintiff,

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v.

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Attorneys for Defendant Payless
Shoesource, Inc.

PAYLESS SHOESOURCE, INC., et al.,
Defendants.

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Case No. CV09-5142 EMC
CLASS ACTION
STIPULATION TO
CONTINUE HEARING
DATE ON MOTION FOR
FINAL APPROVAL OF
CLASS SETTLEMENT
AND MOTION FOR
APPROVAL OF
ATTORNEY’S FEES

Plainitff Mohammad Kazemi (“Plaintiff”) and Defendant Payless
Shoesource, Inc. (“Payless”), by and through their respective counsel, hereby
stipulate to the continuance of the hearing currently scheduled in this action for
March 2, 2012 at 1:30 p.m. on (1) Plaintiff’s Motion for Final Approval of
Class Action Settlement, and (2) Plaintiff’s Motion for Approval of Attorney’s

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STIPULATION TO CONTINUE HEARING ON FINAL APPROVAL OF CLASS SETTLEMENT

CV 09-5142 EMC

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Fees and Expenses and Class Representative Incentive Award (the “Hearing”).

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The reason for the continuance is that Payless’s lead counsel on this matter, Ian

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Volner, will be out of the country on the date scheduled for the Hearing, and is

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unable to reschedule his travel plans. Counsel for the parties request that the
Hearing be continued to March 23, 2012, at 1:30 p.m.

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This is the first request to continue the Hearing. No trial date has been
set which would be impacted by the parties’ request.

No party will be

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prejudiced by this three-week continuance of the Hearing. The time for class

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members to object to the proposed settlement has passed, and no objections

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have been submitted.

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There has been one opt-out.

If the continuance is

granted, the settlement administrator will post the new Hearing date on the class
settlement website that has been set up for this case.
Accordingly, the parties respectfully request that the Hearing be

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continued until March 23, 2012, at 1:30 p.m.

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Respectfully Submitted,
Dated: February 10, 2012

VENABLE LLP
By: /s/ Ian D. Volner
IAN D. VOLNER
By: /s/ Edward P. Boyle
EDWARD P. BOYLE

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Attorneys for Defendant Payless
Shoesource, Inc.

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JACOBS KOLTON, CHTD.

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By: /s/ John G. Jacobs
JOHN G. JACOBS
Attorneys for Plaintiff and the Putative
Class

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MOTION TO CONTINUE HEARING ON FINAL APPROVAL OF CLASS SETTLEMENT

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CV 09-5142 MHP

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[Proposed] ORDER
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GOOD CAUSE HAVING BEEN SHOWN, the hearing in this

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action on (1) Plaintiff’s Motion for Final Approval of Class Action

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Settlement, and (2) Plaintiff’s Motion for Approval of Attorney’s Fees

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and Expenses and Class Representative Incentive Award (the “Hearing”)

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shall be continued from March 2, 2012 at 1:30 p.m. until March 23, 2012,
The settlement administrator shall post the new hearing date on the class settlement
website that has been set up for this case. In addition, Payless shall post the new hearing
date on its own website.

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S
NO

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D
RDERE
IS SO O FIED
_______________________________
IT
ODI
Hon. AS M M. Chen
Edward
U.S. District Judge Chen

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dward M

Judge E

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H

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R NIA

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2/14/12
Dated: ____________________

UNIT
ED

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IT IS SO ORDERED.

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O

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S DISTRICT
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at 1:30 p.m.

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D IS T IC T O
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MOTION TO CONTINUE HEARING ON FINAL APPROVAL OF CLASS SETTLEMENT

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CV 09-5142 MHP