Robles v. Lucky Brand Dungarees, Inc.

Filing 88

ORDER CONTINUING STAY OF LITIGATION PENDING CLASS ACTION SETTLEMENT; DIRECTIONS TO PARTIES. This litigation, including amended pleading deadlines, motion deadlines, and all discovery obligations, is stayed for a period of 35 days from the date of this order. The parties are directed to file, no later than August 22, 2012, a Joint Status Report. Signed by Judge Maxine M. Chesney on July 18, 2012. (mmclc1, COURT STAFF) (Filed on 7/18/2012)

SEAN REIS (SBN 184004)

1 [e-mail]
2 EDELSON MCGUIRE LLP

30021 Tomas Street, Suite 300
3 Rancho Santa Margarita, CA 92688
Telephone: [phone]
4 Facsimile: [phone]

5 RYAN D. ANDREWS (Pro Hac Vice)
6 [e-mail]
EDELSON MCGUIRE, LLC
7 350 North LaSalle, Suite 1300
Chicago, IL 60654
8 Telephone: [phone]
Facsimile: [phone]

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10 ATTORNEYS FOR PLAINTIFF
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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14 JUVENAL ROBLES and ABEL FIGUEROA,
individually and on behalf of a class of
15 similarly situated individuals,
Plaintiffs,

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v.

18 LUCKY BRAND DUNGAREES, INC., a

Case No. 10-cv-04846 MMC
JOINT REPORT ON STATUS OF
SETTLEMENT; STIPULATION AND
[PROPOSED] ORDER CONTINUING
STAY OF LITIGATION PENDING
CLASS ACTION SETTLEMENT ; DIRECTIONS
TO PARTIES

Delaware corporation, KIRSHENBAUM

19 BOND SENECAL & PARTNERS LLC f/k/a
KIRSHENBAUM BOND & PARTNERS

The Honorable Maxine M. Chesney

20 LLC, a Delaware limited liability company,
21 d/b/a Lime Public Relations + Promotion, and
KIRSHENBAUM BOND & PARTNERS

22 WEST LLC, a Delaware limited liability
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company,
Defendants.

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JOINT REPORT AND [PROPOSED] ORDER
CONTINUING STAY OF LITIGATION

NO. 10-cv-04846 MMC

KIRSHENBAUM

BOND

SENECAL

&

1 PARTNERS LLC f/k/a KIRSHENBAUM
2 BOND & PARTNERS LLC, a Delaware

limited liability company, d/b/a Lime Public
3 Relations + Promotion, and KIRSHENBAUM
BOND & PARTNERS WEST LLC, a
4 Delaware limited liability company,

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Third-Party Plaintiffs.
v.

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MERKLE INC., a Maryland Corporation,

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Third-Party Defendant
Fourth-Party Plaintiff.

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and

v.

12 RGAR HOLDINGS, LLC, a Florida limited
13 liability company, formerly known as TAKE 5
SOLUTIONS, LLC., a Florida limited liability
14 company.

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Fourth-Party Defendants.

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JOINT REPORT AND [PROPOSED] ORDER
CONTINUING STAY OF LITIGATION

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Plaintiffs Juvenal Robles and Abel Figueroa (together, “Plaintiffs”), Defendant Lucky Brand

2 Dungarees, Inc. (“Lucky”), Defendants Kirshenbaum Bond Senecal& Partners LLC, f/k/a
3 Kirshenbaum Bond & Partners LLC, d/b/a Lime Public Relations + Promotion and Kirshenbaum
4 Bond & Partners West LLC (together, “Lime”), Third-Party Defendant Merkle Inc. (“Merkle”), and
5 Fourth-Party Defendant RGAR Holdings, LLC f/k/a Take 5 Solutions, LLC (“Take 5”)(collectively,
6 the “Parties”), by and through their counsel, submit the following Joint Statement on the Status of
7 Settlement, and Stipulation to Continue the Stay of Proceedings for an additional thirty-five (35)
8 days:
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1.

On May 25, 2012, the Parties submitted a Joint Stipulation announcing that they had

10 reached an agreement as to the material terms of a class action settlement and requested that the
11 Court stay all pending motion and discovery deadlines. (Dkt. 85.) On May 30, 2012, the Court
12 granted the Stipulation and further instructed the Parties to file a Joint Stipulation on the status of
13 the settlement or a motion for preliminary approval on or before July 13, 2012. (Dkt. 86.)
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2.

As was previously reported to the Court, the Parties were able to reach agreement

15 only after engaging in two settlement conferences with Magistrate Judge Howard Lloyd and a one16 day private mediation with the late Judge Politan. After Judge Politan unexpectedly passed away
17 with his mediator’s proposal pending (which were not ultimately accepted in full by all the
18 Parties)the Parties engaged in settlement discussions amongst themselves and were able to reach an
19 agreement as to all material terms of a class action settlement of this matter.
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3.

After reaching the agreement, Plaintiffs’ counsel prepared and circulated a draft class

21 action settlement agreement as well as draft notices announcing the proposed settlement and
22 advising proposed members of the class of their rights. Counsel for each of the Defendants, as well
23 as insurers, and representatives of the Defendants have reviewed and made edits to the initial draft.
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4.

Given the complexity of the agreement, the Parties are still working through certain

25 issues that have arisen with the multiple rounds of edits that have occurred. For instance, Take 5
26 was not an original party to the agreement, but further negotiations have resulted in their inclusion.
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5.

In addition to preparing and finalizing the required settlement documents, the Parties

28 have solicited proposals from four professional class action administrators for settlement
JOINT REPORT AND [PROPOSED] ORDER
CONTINUING STAY OF LITIGATION

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NO. 10-cv-04846 MMC

1 administration as well as a notice plan that provides the best notice practicable under the
2 circumstances in satisfaction of Rule 23 and Due Process. The Parties are still in the process of
3 vetting the various proposals—and revisions thereof—but anticipate selecting a settlement
4 administrator in seven (7) days.
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6.

The Parties have been diligently working to finalize the papers setting forth the

6 settlement of this class action and they are substantially completed. The Parties anticipate that the
7 settlement papers will be executed, and that Plaintiffswill move for preliminary approval of the
8 class action settlement if given an additional thirty-five (35) days.
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7.

The Parties therefore stipulate to staying all pending motion and discovery deadlines

10 in this case to allow them time to finish memorializing the settlement terms and finalizing the notice
11 plan.
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IT IS SO JOINTLY REPORTED AND STIPULATED.

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Dated: July 13, 2012
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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By

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/s/ Brian R. Blackman
CRAIG CARDON
BRIAN R. BLACKMAN
Attorneys for
Defendant LUCKY BRAND DUNGAREES, INC.

Dated: July 13, 2012
EDELSON MCGUIRE LLC

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By

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/s/ Ryan D. Andrews
RYAN D. ANDREWS
SEAN REIS
Attorneys for
Plaintiffs JUVENAL ROBLESand ABEL FIGUEROA

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JOINT REPORT AND [PROPOSED] ORDER
CONTINUING STAY OF LITIGATION

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Dated: July 13, 2012
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP

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By

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/s/ David Sheiffer
DAVID SHEIFFER
SARA J. SAVAGE
Attorneys for
Defendants KIRSHENBAUM BOND SENECAL &
PARTNERS LLC and KIRSHENBAUM BOND &
PARTNERS WEST LLC

Dated: July 13, 2012

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LATHAM & WATKINS LLP

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/s/ Peter Winik
PETER WINIK
MATTHEW RAWLINSON
SARAH GRAGERT
Attorneys for
Third-Party Defendant MERKLE, INC.

By

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15 Dated: July 13, 2012
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MCDERMOTT WILL & EMERY LLP
Attorneys for RGAR Holdings, LLC

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By

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/s/ Peter J. Drobac
Daniel E. Alberti
Peter J. Drobac

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JOINT REPORT AND [PROPOSED] ORDER
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CERTIFICATION

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I, Ryan D. Andrews, am the ECF User whose identification and password are being used to

3 file this Joint Report on Status of Settlementand Stipulation And [Proposed] Order Continuing Stay
4 Pending Class Action Settlement. In compliance with General Order 45.X.B., I hereby attest that
5 the Counsel whose electronic signatures appear on this document have concurred in this filing and
6 that the same will be delivered to those registered with the Court’s CM/ECF system.
7 Dated: July 13, 2012
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EDELSON MCGUIRELLC

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By

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/s/ Ryan D. Andrews
RYAN D. ANDREWS
Attorneys for
Plaintiffs JUVENAL ROBLESand ABEL FIGUEROA

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JOINT REPORT AND [PROPOSED] ORDER
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NO. 10-cv-04846 MMC

ORDER

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Having considered the Parties Joint Report on the Status of Settlement and Stipulation and

3 good cause appearing, this litigation, including amended pleading deadlines, motion deadlines, and
4 all discovery obligations, shall be stayed for a period of thirty-five (35) days from the date of this
5 Order.
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The parties are directed to file, no later than August 22, 2012, a Joint Status Report, said
deadline to stand vacated without further order of the Court in the event plaintiffs have filed, on or
before August 22, 2012, a motion for preliminary approval of the settlement.

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IT IS SO ORDERED.

10 Dated: July ____, 2012
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______________________________
The Honorable Maxine M. Chesney
United States District Judge

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JOINT REPORT AND [PROPOSED] ORDER
CONTINUING STAY OF LITIGATION

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NO. 10-cv-04846 MMC