Tuttle et al v. Sky Bell Asset Management LLC et al

Filing 335

ORDER EXTENDING TIME TO DISSEMINATE CLASS NOTICE re 334 Response ( Non Motion ), filed by Wendy Meg Siegel, The Braun Family Trust, Eric Braun, Edgar W. Tuttle. Signed by Judge Alsup on March 23, 2012. (whalc2, COURT STAFF) (Filed on 3/23/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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EDGAR W. TUTTLE, ERIC BRAUN, and
THE BRAUN FAMILY TRUST by its cotrustee ERIC BRAUN, on behalf of
themselves and all others similarly situated,

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ORDER EXTENDING TIME
TO DISSEMINATE CLASS NOTICE

Plaintiffs,

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No. C 10-03588 WHA

v.
SKY BELL ASSET MANAGEMENT,
LLC, et al.,
Defendants.
/
Plaintiffs Edgar Tuttle, Eric Braun, and Eric Braun as co-trustee for the Braun Family

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Trust and defendant Rothstein Kass & Company, P.C. submitted a joint request for relief from

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the deadline to disseminate class notice and to file a motion for preliminary approval of the

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parties’ mediated settlement (Dkt. No. 334). The deadline for disseminating the class notice will

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be postponed until APRIL 9, 2012, on the condition that a full and complete settlement agreement

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is submitted to the Court by APRIL 2. Counsel shall file a memorandum along with the

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settlement agreement, explaining how all of the considerations set forth in the memorandum

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opinion regarding factors to be evaluated for any proposed class settlement are satisfied.

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The Court does not approve of the parties’ failure to comply with the referral of this

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action to Magistrate Judge Spero for mediation and settlement, but that may not necessarily

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derail settlement. The settlement will be considered on the merits.

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The parties shall also submit by APRIL 2, a final damages expert report by the damages
expert, so the Court can review the percentage of recovery.

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IT IS SO ORDERED.

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Dated: March 23, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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