Main v. Wal-Mart Stores Inc

Filing 72

ORDER GRANTING (71 in 3:11-cv-01919-JSW) STIPULATION to Amend Preliminary Approval Order to Extend Deadline for Class Members to Submit Requests for Exclusion, Objections or Claim Forms. Signed by Judge Jeffrey S. White on 4/8/13. (jjoS, COURT STAFF) (Filed on 4/8/2013)

Case3:11-cv-01919-JSW Document71 Filed04/03/13 Page1 of 8

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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: [phone]
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 AMEND PRELIMINARY
APPROVAL ORDER TO EXTEND
DEADLINE FOR CLASS MEMBERS TO
SUBMIT REQUESTS FOR EXCLUSION,
OBJECTIONS OR CLAIM FORMS

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Hon. Jeffrey S. White

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STIPULATION AND [PROPOSED] ORDER TO AMEND PRELIMINARY APPROVAL ORDER

Case3:11-cv-01919-JSW Document71 Filed04/03/13 Page2 of 8

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 amend the Order Granting

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Preliminary Approval of Class Settlement and Provisional Class Certification entered by the Court

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on January 22, 2013 (the “Preliminary Approval Order”). Specifically, the Parties stipulate to

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amend the Preliminary Approval Order to extend the deadline for settlement class members to

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submit requests for exclusion, objections or claim forms from April 22, 2013 to April 29, 2013,

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subject to Court approval, based on the following premises:

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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RECITALS

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WHEREAS, on November 9, 2012, the Parties entered into a Class Action Settlement

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Agreement and Release (the “Agreement”);
WHEREAS, paragraph 3.2 of the Agreement specifies the methods for providing notice of
the class action settlement as follows:
(a)

In Store Notice. Within forty-five (45) days after entry of the Preliminary

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Approval Order, Wal-Mart will post a tear-away written notice, which will include instructions on

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how to access the detailed notice and claim form that will be available via the Settlement Website

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and via mail upon request. The written notice shall be posted at the customer service desk of each

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Wal-Mart store located in California for forty-five (45) consecutive days.

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(b)

Notice by Publication. A written notice shall be published in the Los Angeles

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and San Francisco regional print markets of USA Today one (1) time per week for at least three (3)

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weeks during the forty-five (45) day period following entry of the Preliminary Approval Order.

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(c)

Settlement Website. Starting no later than three (3) business days after entry

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of the Preliminary Approval Order, the settlement administrator shall establish an Internet-based

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website and post a detailed notice and the claim form thereon.

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WHEREAS, on January 22, 2013, the Court entered the Preliminary Approval Order;

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WHEREAS, the Preliminary Approval Order sets the following deadlines:

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(a)

Wal-Mart shall provide Notice to the Settlement Class within forty-five (45)

No.: 3:11-cv-01919-JSW
-1STIPULATION AND [PROPOSED] ORDER TO AMEND PRELIMINARY APPROVAL ORDER

Case3:11-cv-01919-JSW Document71 Filed04/03/13 Page3 of 8

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days of the date of entry of this Order (i.e., March 8, 2013).
(b)

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Settlement class members shall submit requests for exclusion, objections, or

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claim forms, if they so elect, within ninety (90) days of the date of entry of this Order (i.e., forty five

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(45) days after completion of Notice or April 22, 2013).

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WHEREAS, on January 25, 2013, the settlement administrator established the Settlement
Website as specified in paragraph 3.2 of the Agreement;

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WHEREAS, beginning on the week of February 11, 2013, Wal-Mart had written notice of

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the settlement published one (1) time per week for three (3) consecutive weeks in the Los Angeles

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and San Francisco regional print markets of USA Today as specified in paragraph 3.2;

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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WHEREAS, despite Wal-Mart’s best efforts, Wal-Mart did not complete posting tear-away

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written notices at the customer service desk of every Wal-Mart store located in California until

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March 14, 2013 (six (6) days beyond the March 8, 2013 deadline);

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WHEREAS, Plaintiffs and Defendant agree that, in order to provide class members with the

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full forty-five (45) days after completion of Notice to submit requests for exclusion, objections, or

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claim forms, the deadline for class members to submit requests for exclusion, objections, or claim

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forms should be extended by an equivalent six (6) days and class members should be given notice of

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said extension;

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NOW, THEREFORE, Plaintiffs and Defendant hereby stipulate and jointly request that the
Court amend the Preliminary Approval Order as follows:
(a)

The deadline for settlement class members to submit requests for exclusion,

objections, or claim forms, if they so elect, shall be extended from April 22, 2013 to April 29, 2013;
(b)

Wal-Mart, through the settlement administrator, shall post an alert on the Settlement

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Website advising settlement class members that the deadline to submit requests for exclusion,

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objections, or claim forms, if they so elect, has been extended from April 22, 2013 to April 29, 2013;

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(c)

Wal-Mart, through the settlement administrator, shall include an insert with every

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detailed settlement notice and claim form sent to putative settlement class members alerting putative

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settlement class members that the deadline to submit requests for exclusion, objections, or claim

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forms, if they so elect, has been extended from April 22, 2013 to April 29, 2013; and
No.: 3:11-cv-01919-JSW
-2STIPULATION AND [PROPOSED] ORDER TO AMEND PRELIMINARY APPROVAL ORDER

Case3:11-cv-01919-JSW Document71 Filed04/03/13 Page4 of 8

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(d)

Wal-Mart, through the settlement administrator, shall send a notice to all putative

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settlement class members that have already received the detailed settlement notice and claim form by

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mail alerting such putative settlement class members that the deadline to submit requests for

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exclusion, objections, or claim forms, if they so elect, has been extended from April 22, 2013 to

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April 29, 2013.

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IT IS SO STIPULATED

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DATED: April 3, 2013

REED SMITH LLP

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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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: April 3, 2013

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
-3STIPULATION AND [PROPOSED] ORDER TO AMEND PRELIMINARY APPROVAL ORDER

Case3:11-cv-01919-JSW Document71 Filed04/03/13 Page6 of 8

[PROPOSED] ORDER

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PURSUANT TO THE ABOVE STIPULATION, IT IS ORDERED that:

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1.

The deadline for settlement class members to submit requests for exclusion,

objections, or claim forms, if they so elect, shall be extended from April 22, 2013 to April 29, 2013;
2.

Wal-Mart, through the settlement administrator, shall post an alert on the Settlement

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Website advising settlement class members that the deadline to submit requests for exclusion,

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objections, or claim forms, if they so elect, has been extended from April 22, 2013 to April 29, 2013;

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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3.

Wal-Mart, through the settlement administrator, shall include an insert with every

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detailed settlement notice and claim form sent to putative settlement class members alerting putative

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settlement class members that the deadline to submit requests for exclusion, objections, or claim

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forms, if they so elect, has been extended from April 22, 2013 to April 29, 2013; and

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4.

Wal-Mart, through the settlement administrator, shall send a notice to all putative

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settlement class members that have already received the detailed settlement notice and claim form by

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mail alerting such putative settlement class members that the deadline to submit requests for

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exclusion, objections, or claim forms, if they so elect, has been extended from April 22, 2013 to

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April 29, 2013.

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April 8, 2013
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 AMEND PRELIMINARY APPROVAL ORDER