Petersen v. Lowe's HIW, Inc.

Filing 34

STIPULATION AND ORDER FOR BRIEFING SCHEDULE ON UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Motion Hearing set for 5/17/2012 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 4/24/12. (cl, COURT STAFF) (Filed on 4/24/2012)

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1 4 James R. Patterson, State Bar No. 211102 jim@pattersonlawgroup.com PATTERSON LAW GROUP, APC 402 West Broadway, 29th Floor San Diego, CA 92101 Telephone: (619) 756-6990 Facsimile: (619) 756-6991 5 Attorneys for Plaintiffs Martin Petersen and the Class 6 Additional Plaintiffs' Counsel Listed on Signature Page 7 11 Phillip J. Eskenazi, State Bar No. 158976 peskenazi@hunton.com Jason J. Kim, State Bar No. 221476 kimj@hunton.com HUNTON & WILLIAMS LLP 550 South Hope Street, Suite 2000 Los Angeles, California 90071-2627 Telephone: (213) 532-2000 Facsimile: (213) 532-2020 12 Attorneys for Defendant Lowe's HIW, Inc. 2 3 8 9 10 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 17 18 19 20 21 MARTIN PETERSEN, an individual; and on behalf of himself and all others similarly situated, Plaintiffs, vs. LOWE'S HIW, INC. a Washington Corporation; and DOES 2 through 50, inclusive, Defendants. Related Case No. CV-11-1996-RS JOINT STIPULATION TO SHORTEN TIME AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE ON UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT 22 23 24 25 26 27 28 JOINT STIPULATION TO SHORTEN TIME AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE ON UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT 1 2 3 4 5 6 7 CHARLEEN SWANEY, an individual; and JOSEPH SARASUA, an individual; on behalf of themselves and all others similarly situated, Case No.: C 11-03231-RS Plaintiffs, vs. LOWE'S HIW, INC. a Washington Corporation; and DOES 2 through 50, inclusive, Defendants. Case No.: C 11-2193-RS 8 9 10 11 12 SUSAN HURTADO, an individual; and on behalf of herself and all others similarly situated, Plaintiffs, vs. LOWE'S HIW, INC. a Washington Corporation; and DOES 2 through 50, inclusive, Defendants. 13 14 15 Plaintiffs Martin Petersen ("Petersen"), Charleen Swaney ("Swaney"), Joseph Sarasua 16 ("Sarasua"), and Susan Hurtado ("Hurtado") (collectively the "Plaintiffs") and Defendant Lowe's 17 HIW, Inc. ("Defendant") (collectively the "Parties") hereby enter into this stipulation to shorten 18 the briefing schedule on Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action 19 Settlement ("Motion"). Specifically, the Parties stipulate that the time be shortened for Plaintiffs 20 to file their unopposed Motion from 35 days to 21 days, and be filed no later than April 26, 2012, 21 for hearing on May 17, 2012, subject to Court approval. None of the Parties will be prejudiced 22 because the motion will be unopposed. 23 24 RECITALS WHEREAS on March 4, 2011, Hurtado filed the action titled Hurtado v. Lowe's HIW, 25 INC., San Francisco County Superior Court Case No. CGC-11-508816, alleging that Defendant 26 violated California Civil Code section 1747.08 by requesting and recording Hurtado's ZIP code in 27 connection with a credit card transaction (the "Hurtado Action"). On May 4, 2011, Defendant 28 removed the Hurtado Action to the United States District Court for the Northern District of 1 JOINT STIPULATION TO SHORTEN TIME AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE ON UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT 1 California, and the action was assigned Case No. C 11-2193-RS; 2 WHEREAS on or about March 11, 2011, Petersen filed the action Petersen v. Lowe's 3 HIW, INC., San Francisco County Superior Court Case No. CGC-11-509122, also alleging that 4 Defendant violated California Civil Code section 1747.08 by requesting and recording Petersen's 5 ZIP code in connection with a credit card transaction (the "Petersen Action"). On April 22, 2011, 6 Defendant removed the Petersen Action to the United States District Court for the Northern 7 District of California, and the action was assigned Case No. CV-11-1996-RS; 8 9 WHEREAS on or about March 23, 2011, Swaney and Sarasua filed a First Amended Complaint in the action Swaney, et al. v. Lowe's HIW, Inc., Sacramento County Superior Court 10 Case No. 34-2011-00098395, also alleging that Defendant violated Section 1747.08 by requesting 11 and recording their ZIP codes during credit card transactions (the "Swaney Action"). On April 12 29, 2011, Defendant removed the Swaney Action to the United States District Court for the 13 Eastern District of California. On June 20, 2011, the action was transferred to the United States 14 District Court for the Northern District of California where it was assigned Case No. C 11-03231- 15 RS; 16 WHEREAS on July 11, 2011, Defendant filed a motion to relate the Hurtado, Petersen, 17 and Swaney Actions, which the Court granted on July 15, 2011. As a result, the Actions were 18 coordinated and assigned to The Honorable Richard Seeborg, United States District Court for the 19 Northern District of California (the "Court"); 20 WHEREAS the Parties engaged in arms-length negotiations, and on or about October 27, 21 2011, they participated in an all-day mediation conducted by Mr. Michael E. Dickstein. After the 22 October 27, 2011 mediation, Mr. Dickstein continued to work with the Parties, and a settlement 23 was reached as to all material terms on class benefits and notice. The Parties have been working 24 diligently to finalize all settlement documents, have now obtained all signatures on the formal 25 Settlement Agreement and Plaintiffs are prepared to file their Motion for preliminary approval of 26 the settlement; 27 28 WHEREAS, a Case Management Conference is currently scheduled in these related cases for May 17, 2012 at 10:00 a.m.; 2 JOINT STIPULATION TO SHORTEN TIME AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE ON UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT 1 WHEREAS Plaintiffs intend to set their unopposed Motion for hearing on May 17, 2012 2 at 1:30 p.m., and request that the Case Management Conference take place in conjunction with 3 this hearing; 4 5 WHEREAS Civil Local Rule 7-2(a) requires that a motion be noticed for a date not less than 35 days after service of the motion; 6 WHEREAS the Parties have been working diligently to finalize all settlement documents, 7 and have now obtained all signatures on the Settlement Agreement and Plaintiffs are ready to file 8 the Motion; 9 WHEREAS Defendant does not intend to oppose the Motion, and therefore, no additional 10 briefing on the Motion will be filed with the Court. Thus, there is no prejudice to the Parties for 11 shortening the time; and 12 13 WHEREAS the Parties have agreed to shorten the time for hearing and have agreed that Plaintiffs' Motion may be filed no later than Thursday, April 26, 2012. 14 15 NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE as follows: 16 Plaintiffs' Motion shall be heard on shortened notice. Plaintiffs shall have until April 26, 17 2012 to file their Motion, which will be heard on May 17, 2012 at 1:30 p.m. 18 IT IS SO STIPULATED. 19 Dated: April 23, 2012 20 Respectfully submitted, PATTERSON LAW GROUP, APC 21 By: /s/ James R. Patterson James R. Patterson Attorneys for Plaintiffs Martin Petersen and the Class 22 23 24 25 /// 26 /// 27 /// 28 /// 3 JOINT STIPULATION TO SHORTEN TIME AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE ON UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT 1 Gene J. Stonebarger (State Bar No. 209461) gstonebarger@stonebargerlaw.com STONEBARGER LAW, APC 75 Iron Point Circle, Suite 145 Folsom, CA 95630 Telephone: (916) 235-7140 Facsimile: (916) 235-7141 2 3 4 5 6 By: /s/ Gene J. Stonebarger Gene J. Stonebarger Attorney for Plaintiff Charleen Swaney, Joseph Sarasua, and the Class 7 8 9 Reed W.L. Marcy, State Bar No. 191531 rwlm@asmlawyers.com AIMAN-SMITH & MARCY 7677 Oakport Street, Ste. 1020 Oakland, CA 94621 Telephone: (510) 562-6800 Facsimile: (510) 562-6830 10 11 12 13 By: /s/ Reed W.L. Marcy Reed W.L. Marcy Attorney for Plaintiff Susan Hurtado and the Class 14 15 16 Phillip J. Eskenazi, State Bar No. 158976 peskenazi@hunton.com Jason J. Kim, State Bar No. 221476 kimj@hunton.com HUNTON & WILLIAMS LLP 550 South Hope Street, Suite 2000 Los Angeles, California 90071-2627 Telephone: (213) 532-2000 Facsimile: (213) 532-2020 17 18 19 20 21 By: /s/ Phillip J. Eskenazi Phillip J. Eskenazi Attorney for Defendant Lowe's HIW, Inc. 22 23 24 25 /// 26 /// 27 /// 28 /// 4 JOINT STIPULATION TO SHORTEN TIME AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE ON UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT 1 FILER'S ATTESTATION 2 The undersigned attests that all parties have concurred in the filing of this document. 3 Gene J. Stonebarger (State Bar No. 209461) gstonebarger@stonebargerlaw.com STONEBARGER LAW, APC 75 Iron Point Circle, Suite 145 Folsom, CA 95630 Telephone: (916) 235-7140 Facsimile: (916) 235-7141 4 5 6 7 8 By: /s/ Gene J. Stonebarger Gene J. Stonebarger Attorney for Plaintiff Charleen Swaney, Joseph Sarasua, and the Class 9 10 11 PURSUANT TO STIPULATION IT IS SO ORDERED THAT time be shortened for 12 13 Plaintiffs to file their Unopposed Motion for Preliminary Approval of Class Action Settlement, 14 and that the Motion be filed no later than April 26, 2012, for hearing on May 17, 2012 at 1:30 15 p.m. 16 17 18 4/24/12 Date: ___________________ _______________________________ The Honorable Richard Seeborg United States District Judge 19 20 21 22 23 24 25 26 27 28 5 JOINT STIPULATION TO SHORTEN TIME AND [PROPOSED] ORDER FOR BRIEFING SCHEDULE ON UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

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