Warren v. Paychex, Inc.

Filing 54

STIPULATION AND ORDER EXTENDING NOTICE DISTRIBUTION AND RELATED DEADLINES. Signed by Judge Joseph C. Spero on 7/19/11. (klhS, COURT STAFF) (Filed on 7/19/2011)

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STEVEN G. ZIEFF (SBN 84222)
DAVID A. LOWE (SBN 178811)
JOHN T. MULLAN (SBN 221149)
RUDY EXELROD ZIEFF & LOWE LLP
351 California Street, Suite 700
San Francisco, CA 94104
[phone] (phone)/[phone] (fax)
[e-mail]
[e-mail]
[e-mail]
ROBERT S. NELSON (SBN 220984)

7 NELSON LAW GROUP

900 Cherry Avenue, Suite 300

8 San Bruno, CA 94066

[phone] (phone)/[phone] (fax)

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10 Attorneys for Plaintiff

DANIELLE WARREN and all others similarly situated

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JACK S. SHOLKOFF, CA Bar No. 145097
[e-mail]
BETH A. GUNN, CA Bar No. 218889
13 [e-mail],
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
14 400 South Hope Street, Suite 1200
Los Angeles, CA 90071
15 Telephone: [phone]
Facsimile: 213.239.9045
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Attorneys for Defendant

17 PAYCHEX, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

20 DANIELLE WARREN, and all others

Case No. C 10-02006 JCS

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STIPULATED REQUEST FOR ORDER
AND [PROPOSED] ORDER EXTENDING
NOTICE DISTRIBUTION AND
RELATED DEADLINES

similarly situated,

Plaintiff,

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v.
23 PAYCHEX, INC.
Defendant.
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Stipulation 07-1511.doc

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Case No. C 10-02006 JCS
STIPULATED REQUEST FOR ORDER EXTENDING DEADLINES

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TO THE HONORABLE COURT, ALL PARTIES AND THEIR RESPECTIVE COUNSEL

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OF RECORD:

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WHEREAS, pursuant to the Amended Joint Stipulation of Class Action Settlement and

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the Amended preliminary approval order, on July 5, 2011, Defendant provided the Settlement

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Administrator, Rust Consulting with data necessary to calculate the Class Members’ average

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weekly salary and number of qualified work weeks, including the Class Members’ names, the

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Class Members’ dates of hire in the Class position, the Class Members’ dates of termination

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from the Class position, and the amounts of the Class Members’ weekly salaries during their

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employment in Class positions during the Class period;
WHEREAS, pursuant to the Amended Joint Stipulation of Class Action Settlement and

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the Amended preliminary approval order the Settlement Administrator, Rust Consulting was

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to mail the Court-approved Notice of Settlement by July 15, 2011, which Notice is to provide

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individualized information as to the Class Members’ average weekly salaries and number of

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their qualified work weeks;
WHEREAS, on July 14, 2011, Class Counsel and Defense Counsel were informed by

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the Settlement Administrator that questions had arisen regarding the Class Member data

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provided by Defendant which had rendered them unable to meet the July 15, 2011 Notice of

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Settlement mailing deadline;
WHEREAS, the Settlement Administrator required clarification of the Class Member

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data provided by Defendant and further instructions from counsel in order to complete the

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necessary calculations and prepare the mail file pursuant to the settlement agreement, which

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required additional analysis of the data. (see Declaration of Abigail J. Schwartz of Rust

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Consulting, Inc., ¶ 5 (“Schwartz Decl.”) filed herewith);
WHEREAS, the Settlement Administrator’s questions regarding the Class Member

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Stipulation 07-1511.doc

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data provided by Defendant have now been addressed and counsel for the parties have

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provided the necessary instructions (Schwartz Decl., ¶ 5);

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Case No. C 10-02006 JCS
STIPULATED REQUEST FOR ORDER EXTENDING DEADLINES

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WHEREAS, the delay caused by the Settlement Administrator’s questions regarding

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the Class Member data was such that the Settlement Administrator informed the parties on

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July 14, 2011 that the Settlement Administrator requires additional time to make the

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calculations necessary to include the required individualized information as to average weekly

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salaries and numbers of qualified work weeks in the Notices and the Settlement Administrator

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has further informed counsel for the parties that the additional analysis of the data and the

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preparation and mailing of the Notice to the Class shall be completed by July 22, 2011

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(Schwartz Decl., ¶ 5).

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IT IS HEREBY STIPULATED AND AGREED:
That the deadline for mailing of the Notice of Settlement is extended by one week to

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July 22, 2011. The deadline for submitting objections and comments in favor of the

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Settlement and for Class Opt-Outs (which is 60-days after mailing of the Notice) is

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correspondingly extended by one week to September 20, 2011. Because the Court previously

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continued the Final Approval Hearing by one week to November 4, 2011 (see Docket No. 52),

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it is not necessary to continue the November 4, 2011 Final Approval Hearing date.

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SO STIPULATED.

DATED: July 15, 2011

RUDY EXELROD ZIEFF & LOWE LLP

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By:

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/s/ John T. Mullan
Steven G. Zieff
David A. Lowe
John T. Mullan
Attorneys for Plaintiff

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Stipulation 07-1511.doc

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART P.C.
By:

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DATED: July 15, 2011

/s/ Beth A. Gunn
Jack S. Sholkoff
Beth A. Gunn
Attorneys for Defendant Paychex, Inc.

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Case No. C 10-02006 JCS
STIPULATED REQUEST FOR ORDER EXTENDING DEADLINES

ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that the deadline for mailing
of the Notice of Settlement is extended by one week to July 22, 2011. The deadline for

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submitting objections and comments in favor of the Settlement and for Class Opt-Outs (which

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is 60-days after mailing of the Notice) is correspondingly extended by one week to September

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20, 2011.

R NIA

per

LI

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FO

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seph C.
Judge Jo

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JOSEPH C. SPERO
United States Magistrate oJudge
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By:

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July 19
Dated: __________________, 2011

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Stipulation 07-1511.doc

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Case No. C 10-02006 JCS
STIPULATED REQUEST FOR ORDER EXTENDING DEADLINES