Main v. Wal-Mart Stores Inc

Filing 62

ORDER GRANTING: (61 in 3:11-cv-01919-JSW) Stipulation re Settlement and to Set Dates re Motion for Preliminary Approval and To Vacate Class Certification and Case Management Conference Dates. Motion Hearing set for 11/16/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on September 13, 2012. (jswlc3, COURT STAFF) (Filed on 9/13/2012)

Case3:11-cv-01919-JSW Document61 Filed09/12/12 Page1 of 7

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Scott Jacobs, SBN 81980
Brandon Corbridge, SBN 244934
REED SMITH LLP
355 South Grand Avenue, Suite 2900
Los Angeles, CA 90071-1514
Telephone:
213.457.8000
Facsimile:
213.457.8080
Attorneys for Defendant
WAL-MART STORES, INC.

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Gene J. Stonebarger, SBN 209461
Richard D. Lambert, SBN 251148
STONEBARGER LAW, P.C.
75 Iron Point Circle, Suite 145
Folsom, CA 95630
Telephone:
916.235.7140
Facsimile:
916.235.7141

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Co-Lead Plaintiffs’ Counsel

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KIMBERLEY MAIN and EYAD AKEL,
individuals, on behalf of themselves and all others
similarly situated,
Plaintiffs,
vs.
WAL-MART STORES, INC., a Delaware
corporation; and DOES 1 through 50, inclusive,
Defendants.

No.: 3:11-cv-01919-JSW
Consolidated Cases:
Landeros, Case No. 11-CV-2659-JSW
Nelson, Case No. 11-CV-2001-JSW
Grikavicius, Case No. 11-CV-2893-JSW
Related Case:
Heon, Case No. 12-CV-1681 JSW
NOTICE OF SETTLEMENT AND
STIPULATION TO SET DATES FOR
MOTION FOR PRELIMINARY
APPROVAL AND TO VACATE CLASS
CERTIFICATION AND CASE
MANAGEMENT CONFERENCE DATES,
[PROPOSED] ORDER AS MODIFIED
Hon. Jeffrey S. White

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NOTICE OF SETTLEMENT AND STIPULATION TO SET PRELIMINARY APPROVAL HEARING AND
VACATE CLASS CERTIFICATION AND CASE MANAGEMENT CONFERENCE DATES; [PROPOSED] ORDER

Case3:11-cv-01919-JSW Document61 Filed09/12/12 Page2 of 7

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Pursuant to Local Rule 7-12, Kimberley Main, Robin Nelson, Marylynn Grikavicius, and

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Lourdes Landeros, plaintiffs in this Consolidated Action, and Tiffany Heon, plaintiff in the Related

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Action, Case No. 12-cv-01681-JSW, (collectively, “Plaintiffs”) and defendant Wal-Mart Stores, Inc.

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(“Defendant”) respectfully submit this Notice of Settlement and Stipulation to Set Dates for Motion

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for Preliminary Approval and Vacate Class Certification and Case Management Conference Dates.

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By and through their undersigned counsel, Plaintiffs and Defendant state as follows:

before the Hon. Edward A. Infante (Ret.) at the JAMS Judicial Arbitration, Mediation, and ADR

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Services offices located in San Francisco, California, at which the parties reached an agreement in

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REED SMITH LLP

WHEREAS, on April 16, 2012, the Plaintiffs and Defendant participated in a mediation

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A limited liability partnership formed in the State of Delaware

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principle on the material terms of a possible settlement, which would be subject to review and final

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approval by Defendant’s management;

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WHEREAS, in order to obtain approval by Defendant’s management, certain settlement
terms were subject to further negotiations and modification;
WHEREAS, Plaintiffs and Defendant have reached a final agreement on the terms of the

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settlement, such terms have been approved by Defendant’s management, and the parties have agreed

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to settle this Consolidated Action and the Related Action;

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WHEREAS, the parties are currently engaged in the process of preparing a formal

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settlement agreement, notice documents, and a claim form, which the parties anticipate will be

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finalized and executed within the next 30 days;

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WHEREAS, on May 24, 2012, the Court entered an order in this Consolidated Action

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continuing the hearing on the Motion for Class Certification and Further Status Conference to

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October 26, 2012;

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WHEREAS, on July 30, 2012, the Court entered an order in the Related Action setting a
Case Management Conference on October 26, 2012;
WHEREAS, in light of Plaintiffs’ and Defendant’s agreement to settle the Consolidate

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Action and Related Action, the parties request that the Court vacate the hearing on the Motion for

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Class Certification and Further Status Conference in the Consolidated Action and vacate the Case

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Management Conference in the Related Action, each currently set for October 26, 2012.
No.: 3:11-cv-01919-JSW
-1NOTICE OF SETTLEMENT AND STIPULATION TO SET PRELIMINARY APPROVAL HEARING AND
VACATE CLASS CERTIFICATION AND CASE MANAGEMENT CONFERENCE DATES; [PROPOSED] ORDER

Case3:11-cv-01919-JSW Document61 Filed09/12/12 Page3 of 7

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NOW, THEREFORE, Plaintiffs and Defendant hereby stipulate and jointly request that

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1.

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Plaintiffs’ unopposed Motion for Preliminary Approval of the Settlement shall be

filed on shortened time, on or before October 12, 2012;
2.

A hearing on the Motion for Preliminary Approval of the Settlement shall be set for

October 26, 2012 at 9:00 a.m.; and
3.

The hearing date for the Motion for Class Certification and Further Status Conference

in the Consolidated Action the Case Management Conference in the Related Action shall be vacated.
IT IS SO STIPULATED

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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DATED: September 12, 2012

REED SMITH LLP

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By: /s/ Scott H. Jacobs
Scott H. Jacobs
Brandon W. Corbridge
Attorneys for Defendant
WAL-MART STORES, INC.

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DATED: September 12, 2012

STONEBARGER LAW, P.C.

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By: /s/ Gene J. Stonebarger
Gene J. Stonebarger
Co-Lead Counsel for Plaintiffs in the Consolidated
Action

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DATED: September 12, 2012

MORRIS AND ASSOCIATES
By: /s/ Stephen B. Morris
Stephen B. Morris
Attorney for Plaintiff Tiffany Heon in the Related
Action

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No.: 3:11-cv-01919-JSW
-2NOTICE OF SETTLEMENT AND STIPULATION TO SET PRELIMINARY APPROVAL HEARING AND
VACATE CLASS CERTIFICATION AND CASE MANAGEMENT CONFERENCE DATES; [PROPOSED] ORDER

Case3:11-cv-01919-JSW Document61 Filed09/12/12 Page5 of 7

[PROPOSED] ORDER

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PURSUANT TO THE ABOVE STIPULATION, IT IS ORDERED that:

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1.

Plaintiffs’ unopposed Motion for Preliminary Approval of the Settlement shall be

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filed on shortened time, on or before October 12, 2012;

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2.
A hearing on the Motion for Preliminary Approval of the Settlement is set for
November 16, 2012
October 26, 2012 at 9:00 a.m.;

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REED SMITH LLP

3.

The hearing on the Motion for Class Certification is vacated;

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A limited liability partnership formed in the State of Delaware

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4.

The Further Status Conference is vacated; and

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5.

The Case Management Conference in the Related Action, Case No. 12-cv-01681-

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JSW, is vacated.

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September 13, 2012
Dated: ______________________

By: ___
The Honorable Jeffrey S. White
United States District Judge

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No.: 3:11-cv-01919-JSW
-1NOTICE OF SETTLEMENT AND STIPULATION TO SET PRELIMINARY APPROVAL HEARING AND
VACATE CLASS CERTIFICATION AND CASE MANAGEMENT CONFERENCE DATES; [PROPOSED] ORDER