Martinez et al v. Incom Mechanical, Inc. et al

Filing 24

ORDER EXTENDING TIME TO FILE PRELIMINARY APPROVAL OF SETTLEMENT (tf, COURT STAFF) (Filed on 9/2/2011)

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BRYAN SCHWARTZ, Bar No. 209903
HILLARY BENHAM-BAKER, Bar No. 265019
BRYAN SCHWARTZ LAW
180 Grand Avenue, Ste. 1550
Oakland, CA 94612
Telephone:
510.444.9300
E-mail:
[e-mail]
E-mail:
[e-mail]

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LAW OFFICES OF J. CHRISP
JESSE BURL CHRISP, Bar No. 262518
14655 Lakeshore Drive
Clearlake, CA 94522
Telephone: [phone]
Email:
[e-mail]

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Attorneys for Plaintiffs and the Putative Class

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RICHARD N. HILL, Bar No. 083629
ROBERT L. ZALETEL, Bar No. 096262
LITTLER MENDELSON
A Professional Corporation
650 California Street, 20th Floor
San Francisco, CA 94108-2693
Telephone:
415.433.1940
E-mail:
[e-mail]
E-mail:
[e-mail]
Attorneys for Defendants
INCOM MECHANICAL, INC., JOE LOCATI,
JEFFREY LOCATI, PHIL LOCATI

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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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Ricky Martinez, Josh LeClair, Norberto
Suarez, Tyler Fox, and Jared Hutman,
individually, on behalf of all others
similarly situated, and on behalf of the
general public,
Plaintiffs,

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v.

STIPULATION AND [PROPOSED]
ORDER REGARDING ENLARGEMENT
OF TIME TO FILE A PRELIMINARY
APPROVAL MOTION FOR A CLASS
ACTION SETTLEMENT
Complaint Filed:

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Case No. CV-11-01392 (SI)

Incom Mechanical, Inc., Joe Locati, Jeffrey
Locati, Phil Locati, and DOES 1 through
50 inclusive,

February 18, 2011

No Trial Date Set

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Defendants.
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STIPULATION AND [PROPOSED]
ORDER RE ENLARGEMENT OF TIME
TO FILE MOTION

Case No. CV 11-01392 (SI)

Pursuant to Civil Local Rule 7-12, Plaintiffs Ricky Martinez, et al.

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aintiffs

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Defendants Incom Mechanical, Inc., et al.

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make the following stipulation seeking an enlargement of time to file the preliminary approval

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motion in the above-captioned matter as follows:

, by and through their attorneys of record,

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WHEREAS, the parties have reached a detailed stipulation and settlement agreement

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with a host of exhibits (including class notice, opt-in and claim form, etc.), wherein they have agreed

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to resolve all claims, which was fully-executed by the parties and their counsel today, August 31,

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2011;

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WHEREAS, the parties seek a hearing date of October 7, 2011, for the preliminary

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approval motion, because: Counsel for Plaintiff is unavailable October 14 and 28, 2011, due to prior

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speaking engagements requiring travel out of the area; the Court is unavailable October 21, 2011,

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according to the posted calendar; and Counsel for Plaintiff is unavailable beginning October 31,

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2011 and until late November, with a scheduled trial in Superior Court;

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WHEREAS, the preliminary approval motion is being drafted but, due to other
conflicting deadlines, Court appearances, and Labor Day travel plans, will not be filed this week;
WHEREAS, the parties will complete and serve the preliminary approval motion next
week, by September 9, 2011, leaving 28 days until the desired, October 7, 2011 hearing date,

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THEREFORE IT IS HEREBY STIPULATED AND REQUESTED by and between

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Plaintiffs and Defendants, through their respective counsel, that the Court grant the parties an

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enlargement of time to file the preliminary approval motion in this matter.

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STIPULATION AND [PROPOSED]
ORDER RE ENLARGEMENT OF TIME
TO FILE MOTION

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Case No. CV 11-01392 (SI)

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Dated: August 31, 2011

BRYAN SCHWARTZ LAW

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/s/ Bryan Schwartz
Bryan Schwartz, Bar No. 209903
Hillary Benham-Baker, Bar No. 265019
Attorney for Plaintiff

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Dated: August 31, 2011

LITTLER MENDELSON
A Professional Corporation

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/s/Robert Zaletel
Richard N. Hill
Robert L. Zaletel
Attorneys for Defendants
Incom Mechanical, Inc., Joe Locati, Jeffrey
Locati, and Phil Locati

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ORDER

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above, is approved and adopted as the Order of this Court, as follows:

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The parties may file the preliminary approval motion regarding their class action settlement

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on or before September 9, 2011, and the preliminary approval hearing will be conducted on October

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7, 2011, 28 days later.

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IT IS SO ORDERED.
Dated: August ___ , 2011
9/1

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Susan Illston
UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED]
ORDER RE ENLARGEMENT OF TIME
TO FILE MOTION

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Case No. CV 11-01392 (SI)