Smith et al v. Leichtman et al

Filing 283

ORDER GRANTING AS MODIFIED 282 STIPULATION Re Designation of Cy Pres Recipients. Signed by Judge Jeffrey S. White on 10/26/12. (jjoS, COURT STAFF) (Filed on 10/26/2012)

Case3:10-cv-00010-JSW Document282 Filed10/25/12 Page1 of 5

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SEYFARTH SHAW LLP
Scott M. Pearson (SBN 173880)
[e-mail]
Joseph Escarez (SBN 266644)
[e-mail]
2029 Century Park East, Suite 3500
Los Angeles, California 90067-3021
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
LEVINE LEICHTMAN CAPITAL PARTNERS,
INC. and LEVINE LEICHTMAN CAPITAL
PARTNERS III, L.P.

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[additional counsel listed on signature page]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CHRISTINA SMITH, et al.,

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Plaintiffs,

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v.
LEVINE LEICHTMAN CAPITAL
PARTNERS, INC., et al.,

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Defendants.

Case No. C 10-00010 JSW
STIPULATION AND [PROPOSED]
ORDER RE DESIGNATION OF CY
PRES RECIPIENTS
Date:
Time:
Ctrm:
Judge:

November 16, 2012
9:00 a.m.
11, 19th Floor
Hon. Jeffrey S. White

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Date Action Filed: January 4, 2010
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STIPULATION AND [PROPOSED] ORDER RE DESIGNATION OF CY PRES RECIPIENTS
CASE NO. C 10-00010 JSW
14958163v.1

Case3:10-cv-00010-JSW Document282 Filed10/25/12 Page2 of 5

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WHEREAS, the Settlement Agreement calls for certain cy pres payments to be made to

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“one or more non-profit organizations jointly selected by the Settling Parties and approved by the

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Court”;

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WHEREAS, after good-faith negotiations, the parties have been unable to agree on which

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non-profit organizations they should recommend to the Court to receive the cy pres payments;

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and

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WHEREAS, the parties have agreed to submit competing proposals to the Court, which

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shall determine which non-profit organizations should receive the cy pres payment under the

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settlement.

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IT IS HEREBY STIPULATED, by and between the Parties, through their respective
counsel of record, as follows:
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The Parties hereby agree that the Court may select the recipients of cy pres

payments under the settlement based on competing proposals from the parties;
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The parties shall submit their proposals to the Court no later than October 26,

2012, with such proposals to be no longer than 10 pages in length, exclusive of exhibits;
3.

Settlement Class Members may file responses to the proposals on or before

November 5, 2012, with such responses not to exceed ten pages in length.

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//

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//

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//

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STIPULATION AND [PROPOSED] ORDER RE DESIGNATION OF CY PRES RECIPIENTS
CASE NO. C 10-00010 JSW
14958163v.1

Case3:10-cv-00010-JSW Document282 Filed10/25/12 Page3 of 5

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I attest that concurrence in the filing of the document has been obtained

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from each of the other Signatories, which shall serve in lieu of their

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signatures on the document.

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IT IS SO STIPULATED.

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DATED: October 25, 2012

SEYFARTH SHAW LLP

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By: /s/ Scott M. Pearson
Scott M. Pearson
Joseph Escarez

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Attorneys for Defendants
LEVINE LEICHTMAN CAPITAL
PARTNERS, INC. and LEVINE
LEICHTMAN CAPITAL PARTNERS III,
L.P.

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DATED: October 25, 2012

FREEDMAN & TAITELMAN, LLP

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By: /s/ Michael A. Taitelman
Michael A. Taitelman
Joshua G. Blum

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Attorneys for Defendants
NATIONAL CORRECTIVE GROUP, INC.

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STIPULATION AND [PROPOSED] ORDER RE DESIGNATION OF CY PRES RECIPIENTS
CASE NO. C 10-00010 JSW
14958163v.1149561.1

Case3:10-cv-00010-JSW Document282 Filed10/25/12 Page4 of 5

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DATED: October 25, 2012

PAYNE & FEARS LLP

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By: /s/ Daniel M. Livingston
Daniel M. Livingston
Benjamin A. Nix

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Attorneys for Defendants
MICHAEL C. SCHRECK and
BRETT STOHLTON

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DATED: October 25, 2012

THE STURDEVANT LAW FIRM
A PROFESSIONAL CORPORATION

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DONOVAN AXLER, LLC

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By: /s/ Noah Axler
Noah Axler

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Attorneys for Plaintiffs

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[PROPOSED] ORDER
The parties shall provide notice to Class Members by no later than October 29, 2012. By no later
17 than October 30, 2012, the parties shall file a document in which they describe how such notice was
PURSUANT TO STIPULATION, IT IS SO ORDERED
18 provided. Pursuant to the stipulation as modified, IT IS SO ORDERED.
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Dated: October 26, 2012
The Honorable Jeffrey S. White

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STIPULATION AND [PROPOSED] ORDER RE DESIGNATION OF CY PRES RECIPIENTS
CASE NO. C 10-00010 JSW
14958163v.1149561.1