Robles v. Lucky Brand Dungarees, Inc.

Filing 92

ORDER CONTINUING STAY OF LITIGATION PENDING CLASS ACTION SETTLEMENT. This litigation is stayed to and including September 21, 2012. The parties are directed to file, no later than September 21, 2012, a Joint Status Report, said deadline to stand vaca ted without further order of the Court in the event plaintiffs have filed, on or before September 21, 2012, a motion for preliminary approval of the settlement. Signed by Judge Maxine M. Chesney on September 10, 2012. (mmclc1, COURT STAFF) (Filed on 9/10/2012)

SEAN P. REIS (No. 184044)

1 [e-mail]
2 EDELSON MCGUIRE LLP

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

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RYAN D. ANDREWS (Admitted Pro Hac Vice)

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EDELSON MCGUIRE LLC

6 350 North LaSalle, Suite 1300
7 Chicago, Illinois, 60654
Telephone: [phone]
8 Facsimile: 312.589.6378

9 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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

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Plaintiffs,
v.

17 LUCKY BRAND DUNGAREES, INC., a
Delaware corporation, KIRSHENBAUM
BOND SENECAL & PARTNERS LLC f/k/a
19 KIRSHENBAUM BOND & PARTNERS
LLC, a Delaware limited liability company,
20 d/b/a Lime Public Relations + Promotion, and
KIRSHENBAUM BOND & PARTNERS
21 WEST LLC, a Delaware limited liability
company,

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

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The Honorable Maxine M. Chesney

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Defendants.

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24 KIRSHENBAUM BOND SENECAL &

PARTNERS LLC f/k/a KIRSHENBAUM

25 BOND & PARTNERS LLC, a Delaware

limited liability company, d/b/a Lime Public

26 Relations + Promotion, and KIRSHENBAUM
BOND & PARTNERS WEST LLC, a

27 Delaware limited liability company,
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Case No. C 10-04846 MMC

JOINT STATUS REPORT AND STIP. &
ORDER CONTINUING STAY OF LITIGATION

Third-Party Plaintiffs.

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v.

3 MERKLE INC., a Maryland Corporation,
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Third-Party Defendant and
Fourth-Party Plaintiff.

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v.
RGAR HOLDINGS, LLC, a Florida limited

8 liability company, formerly known as TAKE 5
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SOLUTIONS, LLC., a Florida limited liability
company.

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Fourth-Party Defendants.

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Case No. C 10-04846 MMC

JOINT STATUS REPORT AND STIP. &
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”)
6 (collectively, the “Parties”), by and through their counsel, submit the following Joint Report on the
7 Status of Settlement, and Stipulation to Continue the Stay of Proceedings for an additional fourteen
8 (14) 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.)
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2.

On May 30, 2012, the Court granted the Stipulation and further instructed the Parties

13 to file a Joint Status Report on the status of the settlement or a motion for preliminary approval on
14 or before July 13, 2012. (Dkt. 86.)
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3.

On July 13 2012, the Parties applied for an extension of the stay to allow additional

16 time to complete the necessary settlement documents. (Dkt. 87.) The Court granted a thirty-five
17 (35) day extension of the stay on July 18, 2012 and instructed the Parties to file a Joint Status
18 Report on or before August 22, 2012. (Dkt. 88.)
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4.

On August 22, 2012, the Parties filed their third request to continue the stay,

20 reporting that Counsel for each of the Defendants, as well as insurers, and representatives of the
21 Defendants have reviewed and edited several drafts of the settlement agreement and that the Parties
22 had selected the class action administrator who was in the process of revising the notice plan for
23 final approval from all Parties and insurers.
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5.

On August 29, 2012, a version of the settlement agreement, accompanying exhibits,

25 and notice plan was agreed to by counsel and circulated to the Plaintiffs and Defendants for
26 signature. On August 30, 2012, Lucky identified additional revisions to the settlement agreement,
27 notices, and notice plan, which were circulated to counsel for the other Parties on September 6,
28 2012. The Parties are now working diligently to finalize the papers setting forth the settlement of
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Case No. C 10-04846 MMC

JOINT STATUS REPORT AND STIP. &
ORDER CONTINUING STAY OF LITIGATION

1 this class action and they remain close to complete. The Parties, however, again require an
2 additional two weeks to complete the settlement papers. The Parties now anticipate moving for
3 Preliminary Approval on or before September 21, 2012. Based on that filing date, the Parties are
4 looking at a hearing for preliminary approval, to the extent the Court requires one, on either October
5 26, 2012 or November 2, 2012 at 9:00 AM.
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6.

The Parties therefore stipulate to extending the stay on all pending motion and

7 discovery deadlines in this case to and including September 21, 2012, to allow them time to finish
8 memorializing the settlement terms and finalizing the notice plan.
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IT IS SO JOINTLY REPORTED AND STIPULATED.

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Dated: September 7, 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 ROBLES and ABEL FIGUEROA

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Case No. C 10-04846 MMC

JOINT STATUS REPORT AND STIP. &
ORDER CONTINUING STAY OF LITIGATION

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Dated: August 22, 2012
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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By

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Dated: September 7, 2012
WILSON ELSER MOSKOWITZ EDELMAN & DICKER 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.

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

Dated: September 7, 2012

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LATHAM & WATKINS LLP

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By

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

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Dated: September 7, 2012
MCDERMOTT WILL & EMERY LLP

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By

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/s/ Peter J. Drobac
DANIEL E. ALBERTI
PETER J. DROBAC
Attorneys for
Fourth-Party Defendant RGAR HOLDINGS, LLC

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ORDER CONTINUING STAY OF LITIGATION

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

3 file this Joint Case Management Statement and Request to Continue. In compliance with Civil
4 Local Rule 5-1(i)(3), I hereby attest that Brian R. Blackman, Sara J. Savage, Peter Winik, and Peter
5 J. Drobac have concurred in this filing.
6 Dated: September 7, 2012
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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 ROBLES and ABEL FIGUEROA

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Case No. C 10-04846 MMC

JOINT STATUS REPORT AND STIP. &
ORDER CONTINUING STAY OF LITIGATION

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ORDER
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 to and including September 21, 2012.
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The parties are directed to file, no later than September 21, 2012, a Joint Status Report, said

6 deadline to stand vacated without further order of the Court in the event plaintiffs have filed, on or
7 before September 21, 2012, a motion for preliminary approval of the settlement.
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IT IS SO ORDERED.

9 Dated: September 10 2012
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______________________________
The Honorable Maxine M. Chesney
United States District Judge

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-1Case No. C 10-04846 MMC

JOINT STATUS REPORT AND STIP. &
ORDER CONTINUING STAY OF LITIGATION