Larkin v. Yelp! Inc.

Filing 46

STIPULATION WITH PROPOSED ORDER Continue Deadline to File Motion for Final Approval and Attorney Fees and Costs filed by Ahmad Deanes, Justin Larkin, Anthony Tijerino. (Attachments: # 1 Proposed Order Proposed Order to Continue Deadline to File Motion for Final Approval and Attorney Fees and Costs)(Rukin, Peter) (Filed on 10/3/2012)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Peter Rukin (SBN 178336) RUKIN HYLAND DORIA & TINDALL LLP 100 Pine Street, Suite 2150 San Francisco, CA 94111 Telephone: (415) 421-1800 Facsimile: (415) 421-1700 E-mail: peterrukin@rhdtlaw.com Rosa Vigil-Gallenberg (SBN 251872) GALLENBERG PC 9701 Wilshire Blvd. Suite 1000 Beverly Hills, CA 90071 Telephone: (310) 295-1654 Facsimile: (310) 733-5654 Email: rosa@gallenberglaw.com Todd Heyman (pro hac vice application to be filed) SHAPIRO HABER & URMY LLP 53 State Street 13th Floor Boston, MA 02109 Telephone: (617) 439-3939 Facsimile: (617) 439-0134 E-mail: theyman@shulaw.com Attorneys for Representative Plaintiffs Malcolm A. Heinicke (SBN 194174) MUNGER, TOLLES & OLSON LLP 560 Mission Street, 27th Floor San Francisco CA 94105 Phone: (415) 512-4000 Fax: (415) 644-6929 Email: Malcolm.Heinicke@mto.com Attorneys for Defendant 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 SAN FRANCISCO DIVISION 22 25 JUSTIN LARKIN, ANTHONY TIJERINO, and Case No. 3:11-cv-01503-EMC AHMAD DEANES, on behalf of themselves and all others similarly situated, STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE TO Plaintiffs, FILE MOTION FOR FINAL APPROVAL AND ATTORNEY FEES AND COSTS v. 26 YELP! INC., 23 24 27 Defendant. Date: November 30, 2012 Time: 2:30 p.m. Courtroom: 5 Judge: Hon. Edward M. Chen 28 STIPULATION AND [PROPOSED] ORDER Case No. 3:11-cv-01503-EMC 1 WHEREAS, the order preliminarily approving class settlement in this matter set the 2 following dates and deadlines: (1) October 5, 2012 for the filing of motion for final approval and 3 award of attorneys’ fees; (2) October 22, 2012 for the submission of any objection to the settlement 4 of attorneys’ fees request; (3) November 2, 2012 for counsel’s responses to objections; and (4) 5 November 16, 2012 for the final approval hearing. 6 WHEREAS, by Order dated September 24, 2012, the Court continued the hearing date on 7 Plaintiffs’ motion for final approval of settlement and award of attorney’s until November 30, 8 2012; 9 WHEREAS, as of October 2, 2012, the parties and the claims administrator are still 10 finalizing the results of the notice and claims process and addressing some remaining issues and 11 would be in a position to provide a more complete report to the Court if the motion for final 12 approval was continued consistent with the continuance of the associated hearing; 13 14 15 16 17 18 WHEREAS, the parties, through their counsel of record agree as follows, IT IS HEREBY STIPULATED AND AGREED that: (1) By October 19, 2012, the parties shall file a joint motion for final approval of the settlement, and Class Counsel shall file a motion for an award of attorneys' fees and costs. Both of these motions shall be posted to the class website on the same date. (2) Written objections by California Class Members and National Class Members to 19 the proposed settlement or Class Counsel's Request for attorneys' fees will be considered if 20 received by Class Counsel on or before November 5, 2012. Counsel for the parties shall 21 respond to any such objections by November 16, 2012. 22 (3) 23 This stipulation shall not constitute an agreement to modify the Notice Response Deadline. 24 25 26 27 2 28 STIPULATION AND [PROPOSED] ORDER Case No. 3:11-cv-01503-EMC 1 IT IS SO STIPULATED. 2 3 4 RUKIN HYLAND DORIA & TINDALL LLP Dated: October 3, 2012 5 By:______ Peter Rukin Attorneys for Plaintiffs /s/ _______________ 6 7 8 MUNGER, TOLLES & OLSON LLP Dated: October 3, 2012 9 10 By:______ /s/ _______________ Malcolm Heinicke Attorneys for Defendant Yelp! Inc. 11 12 13 14 CERTIFICATION I, Peter Rukin, am the ECF User whose identification and password are being used to file 15 this STIPULATION TO CONTINUE THE DEADLINE TO FILE MOTION FOR FINAL 16 APPROVAL AND ATTORNEY FEES AND COSTS In compliance with General Order 45.X.B., I 17 hereby attest that Malcolm A. Heinicke concurred in this filing. 18 Executed this 2nd day of October 3, 2012, at San Francisco, California. 19 ______/s/ Peter Rukin __________ Peter Rukin 20 21 22 23 24 25 26 27 3 28 STIPULATION AND [PROPOSED] ORDER Case No. 3:11-cv-01503-EMC

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