Main v. Wal-Mart Stores Inc

Filing 68

ORDER GRANTING (67 in 3:11-cv-01919-JSW) Stipulation To Continue Deadline for Plaintiffs to File Unopposed Motion for Preliminary Approval of Class Action Settlement. Signed by Judge Jeffrey S. White on November 2, 2012. (jswlc3, COURT STAFF) (Filed on 11/2/2012)

Case3:11-cv-01919-JSW Document67 Filed11/02/12 Page1 of 5

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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,

No.: 3:11-cv-01919-JSW
Consolidated Cases:

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Plaintiffs,
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vs.
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WAL-MART STORES, INC., a Delaware
corporation; and DOES 1 through 50, inclusive,
Defendants.

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

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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DEADLINE FOR
PLAINTIFFS TO FILE UNOPPOSED
MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

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Hon. Jeffrey S. White

Case3:11-cv-01919-JSW Document67 Filed11/02/12 Page2 of 5

STIPULATION

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Plaintiffs Kimberley Main, Robin Nelson, Marylynn Grikavicius, Lourdes R. Landeros and

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Tiffany Heon (“Plaintiffs”) and Defendant Wal-Mart Stores, Inc. (“Wal-Mart” or “Defendant”)

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(collectively, the “Parties”) hereby enter into this stipulation to continue the deadline for Plaintiffs to

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file an unopposed motion for preliminary approval of class action settlement (“Motion” or “Motion

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for Preliminary Approval”). Specifically, the Parties stipulate to continue the deadline for Plaintiffs

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to file their Motion from November 2, 2012 to November 9, 2012, subject to Court approval.

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RECITALS

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WHEREAS, on April 16, 2012, the Parties participated in a mediation before the Hon.

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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

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located in San Francisco, California, at which the Parties reached an agreement in principle on the

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material terms of a possible settlement, which would be subject to review and final approval by

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Defendant’s management;
WHEREAS, the Parties reached a final agreement on the terms of the settlement, agreed to

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settle this Action, and have been in the process of preparing a formal settlement agreement, notice

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documents, and a claim form;
WHEREAS, on September 13, 2012, the Court scheduled the hearing on Plaintiffs’ Motion

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for November 16, 2012 at 9:00 a.m. and ordered that the Motion be filed on or before October 12,

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2012;

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WHEREAS, on October 10, 2012, the Parties filed a stipulation to shorten the time for

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Plaintiffs to file their Motion from 35 days to 21 days before the hearing, such that the Motion would

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be filed by October 26, 2012, for hearing on November 16, 2012, subject to Court approval;

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WHEREAS, on October 12, 2012, the Court entered an order continuing the deadline for

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Plaintiffs to file their Motion to October 26, 2012 and scheduling the hearing on the Motion for

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December 7, 2012;

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WHEREAS, on October 26, 2012, the Parties filed a stipulation to continue the deadline for

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Plaintiffs to file their Motion to November 2, 2012, to allow the Parties additional time to resolve

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one final issue regarding the settlement agreement;
No.: 3:11-cv-01919-JSW
-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR PLAINTIFFS TO FILE
UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

Case3:11-cv-01919-JSW Document67 Filed11/02/12 Page3 of 5

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WHEREAS, on October 26, 2012, the Court entered an order continuing the deadline for

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Plaintiffs to file their Motion to November 2, 2012 and continuing the hearing on the Motion to

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January 25, 2013;

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WHEREAS, since the Court’s October 26, 2012 order, the Parties have agreed on settlement

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terms, the form of the settlement agreement has been approved by the Parties, and the settlement

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agreement is being circulated for execution;

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WHEREAS, the Parties request a final one-week extension to allow Plaintiffs to finalize the
Motion and to allow Wal-Mart time to review the Motion prior to filing.
NOW, THEREFORE, Plaintiffs and Defendant hereby stipulate and jointly request that the

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Court continue the deadline for Plaintiffs to file their Motion from November 2, 2012 to November

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9, 2012.

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IT IS SO STIPULATED

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DATED: November 2, 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: November 2, 2012

STONEBARGER LAW, P.C.

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By: /s/ Gene J. Stonebarger
Gene J. Stonebarger
Richard D. Lambert
Co-Lead Plaintiffs’ Counsel

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No.: 3:11-cv-01919-JSW
-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR PLAINTIFFS TO FILE
UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

Case3:11-cv-01919-JSW Document67 Filed11/02/12 Page5 of 5

[PROPOSED] ORDER

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PURSUANT TO THE ABOVE STIPULATION, IT IS ORDERED that:

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The deadline for Plaintiffs to file their unopposed Motion for Preliminary Approval of

Class Action Settlement is continued to November 9, 2012.
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The hearing on Plaintiffs’ unopposed Motion for Preliminary Approval of Class

Action Settlement shall remain on calendar for January 25, 2013.

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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November 2, 2012
Dated: ______________________

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

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No.: 3:11-cv-01919-JSW
-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE FOR PLAINTIFFS TO FILE
UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT