Schneider v. Space System/Loral, Inc.

Filing 69

ORDER RE: STIPULATION TO CONTINUE FINAL APPROVAL HEARING AND DEADLINE TO SEND NOTICE. The final approval hearing and the hearing on the amended motion for fees/costs is continued from December 13, 2013 to January 24, 2014. Plaintiff shall fi le his motion for final approval no later than 14 days before the final approval hearing, and shall file and post on the website his amended motion for fees/costs no later than October 18, 2013. The deadline to send the revised notice is October 18, 2013, and the reminder postcard shall be mailed November 18, 2013. No later than October 4, 2013, the parties shall submit for court approval the proposed revised notice. Signed by Judge Maxine M. Chesney on September 27, 2013. (mmclc1, COURT STAFF) (Filed on 9/27/2013)

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1 2 3 4 5 6 7 LYNNE C. HERMLE (STATE BAR NO. 99779) JESSICA R. PERRY (STATE BAR NO. 209321) ALLISON RIECHERT GIESE (STATE BAR NO. 267533) ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, California 94025 Telephone: 650-614-7400 Facsimile: 650-614-7401 lchermle@orrick.com jperry@orrick.com agiese@orrick.com Attorneys for Defendant SPACE SYSTEMS/LORAL, INC. 8 12 MARC H. PHELPS (STATE BAR NO. 237036) THE PHELPS LAW GROUP 2030 Main Street, Suite 1300 Irvine, CA 92614 Telephone: (949) 260-4735 Facsimile: (949) 260-4754 marc@phelpslawgroup.com 13 [Additional Counsel Listed on Next Page] 14 Attorneys for Plaintiff JEREMY SCHNEIDER 9 10 11 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 20 21 JEREMY SCHNEIDER on behalf of himself and all others similarly situated, Plaintiff, 22 23 24 25 v. SPACE SYSTEMS/LORAL, INC., a Delaware Corporation; and DOES 1 through 100, inclusive, Case No. CV-11-02489-MMC STIPULATION AND [PROPOSED] ORDER TO CONTINUE FINAL APPROVAL HEARING AND DEADLINE TO SEND NOTICE ; ORDER THEREON Date Action Filed: May 20, 2011 Defendant. 26 27 28 OHSUSA:754624238.1 STIPULATION AND PROPOSED ORDER TO CONTINUE FINAL APPROVAL HEARING AND DEADLINE TO SEND NOTICE [(NO. CV-11-02489 MMC)] 1 Additional Counsel For Plaintiff: 2 ROGER R. CARTER (STATE BAR NO. 140196) THE CARTER LAW FIRM 2030 Main Street, Suite 1300 Irvine, California 92614 Telephone: (949) 260-4737 Facsimile: (949) 260-4754 rcarter@carterlawfirm.net 3 4 5 6 7 8 9 10 11 SCOTT B. COOPER (STATE BAR NO. 174520) THE COOPER LAW FIRM, P.C. 2030 Main Street, Suite 1300 Irvine, CA 92614 Telephone: (949) 724-9200 Facsimile: (949) 724-9255 scott@cooper-firm.com Attorneys for Plaintiff Jeremy Schneider 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OHSUSA:754624238.1 STIPULATION AND PROPOSED ORDER TO CONTINUE FINAL APPROVAL HEARING AND DEADLINE TO SEND NOTICE [(NO. CV-11-02489 MMC)] 1 STIPULATION 2 3 WHEREAS, the Court preliminarily approved a class action settlement in the abovecaptioned case on May 17, 2013. 4 WHEREAS, the Court set the final approval hearing for September 13, 2013 at 9:00 a.m. 5 WHEREAS, the Settlement Administrator mailed the Notice and Claim Forms to Class 6 Members on June 14, 2013. 7 WHEREAS, Defendant discovered additional Class Members who were not included on 8 the class list provided to the Settlement Administrator following preliminary approval and 9 therefore did not receive the class notice. 10 WHEREAS, on August 27, 2013 the parties’ stipulated to continue the final approval 11 hearing subject to Court approval to give them time to investigate the situation, evaluate the 12 potential effect of additional Class Members on the terms of the settlement, send out a new 13 Notice, and provide time for the Class members to respond to the notice. 14 WHEREAS, on August 29, 2013 the Court continued the final approval hearing to 15 December 13, 2013 pursuant to the parties’ stipulation and proposed order and ordered the parties 16 to send the Court-approved Notice to any newly discovered Class Members by September 27, 17 2013. 18 19 WHEREAS, the parties need additional time to revise the Notice to Class Members and seek Court-approval of the Notice. 20 NOW, THEREFORE, the Parties hereby agree and stipulate that the Final Approval 21 Hearing be continued to January 24, 2014. The parties will submit to the proposed revised 22 Notice for Court approval by October 4, 2013. The Parties further stipulate and agree that the 23 deadline to send the revised Notice to Class Members be continued to October 18, 2013. 24 25 26 27 28 1 OHSUSA:754624238.1 STIPULATION AND PROPOSED ORDER TO CONTINUE FINAL APPROVAL HEARING AND DEADLINE TO SEND NOTICE [(NO. CV-11-02489 MMC)] 1 Dated: September 26, 2013 LYNNE C. HERMLE JESSICA PERRY ALLISON RIECHERT GIESE Orrick, Herrington & Sutcliffe LLP 2 3 4 By: 5 6 /s/Allison Riechert Giese ALLISON RIECHERT GIESE Attorneys for Defendant SPACE SYSTEMS/LORAL, INC. 7 8 Dated: September 26, 2013 MARC H. PHELPS The Phelps Law Group 9 10 By: 11 12 /s/Marc H. Phelps MARC H. PHELPS Attorneys for Plaintiff JEREMY SCHNEIDER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OHSUSA:754624238.1 2 STIPULATION AND PROPOSED ORDER TO CONTINUE FINAL APPROVAL HEARING AND DEADLINE TO SEND NOTICE [(NO. CV-11-02489 MMC)] 1 2 ORDER The Court has considered the Stipulation to Continue the Final Approval Hearing and 3 Deadline to Send Notice, filed by Plaintiff Jeremy Schneider and Defendant Space Systems Loral, 4 Inc., and entered into on September 26, 2013. 5 GOOD CAUSE BEING SHOWN, IT IS HEREBY ORDERED that: 6 (1) The final approval hearing shall be continued to January 24, 2014 at 9:00 a.m. 7 before Hon. Maxine M. Chesney. Plaintiff shall file his motion for final approval no later than 14 8 days before the final approval hearing. 9 10 11 (2) The hearing on Plaintiff’s amended motion for attorneys’ fees and costs shall be continued to January 24, 2014 at 9:00 a.m. before Hon. Maxine M. Chesney. (3) The deadline to send the revised Notice to Class Members shall be continued to 12 October 18, 2013. The Settlement Administrator shall mail the reminder postcard to Class 13 Members on November 18, 2013 and Class Members shall have until December 2, 2013 to 14 submit a Claim Form or Exclusion Letter. If the Notice and Claim Form are re-mailed to a Class 15 Member in accordance with the Settlement, the Class Member shall have until December 2, 2013, 16 or 15 days after the re-mailing, whichever is later, to submit a Claim Form or Exclusion Letter. 17 (4) Plaintiff shall file his amended motion for attorneys’ fees and costs and post it on 18 the website by October 18, 2013. 19 20 (5) No later than October 4, 2013, the parties shall submit for court approval the proposed revised Notice. 21 Dated: ____________, 2013 September 27 22 ______________________________________ HON. MAXINE M. CHESNEY 23 24 25 26 27 28 OHSUSA:754624238.1 3 STIPULATION AND PROPOSED ORDER TO CONTINUE FINAL APPROVAL HEARING AND DEADLINE TO SEND NOTICE [(NO. CV-11-02489 MMC)]

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