Anslow v. Wellington Energy, Inc.

Filing 31

NOTICE OF SETTLEMENT AND STIPULATION AND ORDER VACATING DEC. 2, 2011 CASE MANAGEMENT CONFERENCE.. Signed by Judge Joseph C. Spero on 11/23/11. (klhS, COURT STAFF) (Filed on 11/23/2011)

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STEVEN L. MILLER, ESQ. SBN 092835
[e-mail]
STEVEN L. MILLER, APLC
16133 Ventura Boulevard, Suite 645
Encino, CA 91436
Telephone: [phone]
Facsimile: [phone]
KENNETH S. GAINES, ESQ. SBN 049045
[e-mail]
DANIEL F. GAINES, ESQ. SBN 251488
[e-mail]
GAINES & GAINES, APLC
21550 Oxnard Street, Suite 980
Woodland Hills, CA 91367
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff James Anslow, on behalf of himself and all others similarly situated, and on
behalf of the general public

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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JAMES ANSLOW, on behalf of himself and all CASE NO: CV11-1596-JCS
15 others similarly situated,
NOTICE OF SETTLEMENT;
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STIPULATION AND [PROPOSED]
v.
ORDER VACATING DECEMBER 2, 2011
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CASE MANAGEMENT CONFERENCE
WELLINGTON ENERGY, INC., a
18 Pennsylvania corporation, and DOES 1 through
50, inclusive,
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Defendants.
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TO THE HONORABLE COURT AND TO ALL PARTIES TO THIS ACTION:

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Please take notice that Plaintiff JAMES ANSLOW (“Plaintiff”) and Defendant

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WELLINGTON ENERGY, INC. (“Defendant”) have reached a tentative settlement of this class

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action, subject to Court approval.

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NOTICE OF SETTLEMENT; STIPULATION AND [PROPOSED] ORDER VACATING DECEMBER 2,
2011 CASE MANAGEMENT CONFERENCE

STIPULATION

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WHEREAS, following a formal mediation with employment mediator Mark Rudy, Esq.

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and subsequent negotiations, the Parties have entered into a memorandum of understanding

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documenting the material terms of their proposed classwide settlement;

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WHEREAS, a case management conference is currently set for December 2, 2011 at
1:30p.m.;
IT IS THEREFORE HEREBY STIPULATED AND AGREED by the Parties that the

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Court may enter an order vacating all pending hearing dates and deadlines, specifically including

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but not limited to the December 2, 2011 case management conference, and stay the case pending

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the settlement approval process;
IT IS FURTHER STIPULATED AND AGREED that the Parties shall prepare their class

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settlement agreement and class notice and file a motion for preliminary approval of the settlement

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as soon as practicable.

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DATED: November 22, 2011

Respectfully submitted,
GAINES & GAINES
A Professional Law Corporation

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By: /s/ Daniel F. Gaines
DANIEL F. GAINES
Attorney for Plaintiff

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REED SMITH LLP
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By: /s/ Linda S. Husar*
LINDA S. HUSAR
Attorney for Defendant

23 * I hereby attest that I have on file all holograph signatures for any signatures indicated by a
“conformed” signature (/s/) within this e-filed document.
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NOTICE OF SETTLEMENT; STIPULATION AND [PROPOSED] ORDER VACATING DECEMBER 2,
2011 CASE MANAGEMENT CONFERENCE

[PROPOSED] ORDER

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Pursuant to the Stipulation of the Parties, the Court vacates all pending hearing dates and

3 deadlines, specifically including but not limited to the December 2, 2011 case management
4 conference, and stays the case pending the settlement approval process;
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The Parties shall prepare their class settlement agreement and class notice and file a motion

6 for preliminary approval of the settlement as soon as practicable.
IT IS SO ORDERED.
S
UNIT
ED

RT
U
O

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ISTRIC
ES D
TC
AT
T

11/23/11
9 Dated: _______________

H

ER

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FO

Judge Jo

LI

RT

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pero

S
seph C.

NO

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R NIA

___________________________________
UNITED STATES MAGISTRATE JUDGE

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D IS T IC T O
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-328
NOTICE OF SETTLEMENT; STIPULATION AND [PROPOSED] ORDER VACATING DECEMBER 2,
2011 CASE MANAGEMENT CONFERENCE

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PROOF OF SERVICE

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UNITED STATES DISTRICT COURT OF CALIFORNIA

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

4 CASE NAME: JAMES ANSLOW, on behalf of himself and all others similarly situated, vs.
WELLINGTON ENERGY, INC., a Pennsylvania corporation, and DOES 1 through 50,
5 inclusive, CASE NUMBER: CV11-1596-JCS
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I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action; my business address is: 21550 Oxnard Street, Suite 980,
7 Woodland Hills, California 91367
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On November 22, 2011, I served the foregoing document(s) described as:

9 NOTICE OF SETTLEMENT; STIPULATION AND [PROPOSED] ORDER VACATING
DECEMBER 2, 2011 CASE MANAGEMENT CONFERENCE
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in this action by placing a true copy thereof in a sealed envelope addressed as follows:
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Thomas E. Hill
12 Reed Smith LLP
355 South Grand Avenue
13 Suite 2900
Los Angeles, CA 90071-1514
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BY NOTICE OF ELECTRONIC FILING. The above-listed counsel have consented to
electronic service and have been automatically served by the Notice of Electronic Filing,
which is automatically generated by CM/ECF at the time said document was filed, and
which constitutes service pursuant to FRCP 5(b)(2)(D).

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FEDERAL. I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct, and that I am employed in the office of a member of the bar of
this Court at whose direction the service was made.

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Executed on November 22, 2011, at Woodland Hills, California.
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/s/ Daniel F. Gaines
Daniel F. Gaines

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-428
NOTICE OF SETTLEMENT; STIPULATION AND [PROPOSED] ORDER VACATING DECEMBER 2,
2011 CASE MANAGEMENT CONFERENCE