Lambson v. Marriott International, Inc. et al

Filing 46

ORDER granting 45 STIPULATION WITH PROPOSED ORDER RE NOTICE OF SETTLEMENT IN PRINCIPLE AND TO CONTINUE THE CASE MANAGEMENT CONFERENCE AND VACATE DATES filed by Vernon Michael Lambson. CMC and Mtn for Class Certification vacated. Motion for Preliminary Approval due by 2/1/2013. Signed by Judge Charles R. Breyer on 12/13/2012. (beS, COURT STAFF) (Filed on 12/13/2012)

Case3:11-cv-06669-CRB Document45 Filed12/12/12 Page1 of 4

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PETER M. HART (State Bar No. 198691)
[e-mail]
AMBER S. HEALY (State Bar No. 232730)
[e-mail]
KATHERINE COPELAND (State Bar No. 281662)
[e-mail]
LAW OFFICES OF PETER M. HART
12121 Wilshire Boulevard, Suite 205
Los Angeles, California 90025
Telephone: [phone]
Facsimile: [phone]
KENNETH H. YOON (State Bar No. 198443)
[e-mail]
LAW OFFICES OF KENNETH H. YOON
One Wilshire Blvd., Suite 2200
Los Angeles, CA 90017
Telephone: [phone]
Facsimilie: [phone]
Attorneys for Plaintiff
Vernon Michael Lambson and Dinora Martinez

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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VERNON MICHAEL LAMBSON AND DINORA
MARTINEZ, as an individual and on behalf of
others similarly situated,

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Plaintiff,
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v.

CASE NO.: 3:11-CV-06669-CRB
NOTICE OF SETTLEMENT IN PRINCIPLE
AND JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE THE
CASE MANAGEMENT CONFERENCE AND
VACATE DATES

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THE RITZ-CARLTON HOTEL COMPANY, LLC, a
Delaware corporation;, and DOES 1 THROUGH
100, inclusive,

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Defendants.
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Date:
Time:
Judge:
Place:

December 14, 2012
8:30 a.m.
Hon. Charles R. Breyer
Courtroom 6 -17th Floor

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NOTICEOF SETTLEMENT IN PRINCIPLE; JT. STIP. AND [PROP.] ORDER TO CONTINUE
CASE MANAGEMENT CONFERENCE AND VACATE DATES (3:11-CV-06669-CRB )

Case3:11-cv-06669-CRB Document45 Filed12/12/12 Page2 of 4

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STIPULATION
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Plaintiffs Vernon Michael Lambson and Dinora Martinez (“Plaintiffs”) and Defendant
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The Ritz-Carlton Hotel Company, LLC (“Defendant”) (collectively “the Parties”), stipulate and agree
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as follows:
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WHEREAS, on September 11, 2012 the Parties had a full day mediation session with
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private mediator David Rotman at which the Parties were not able to settle the case but continued
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settlement discussions with Mediator Rotman’s assistance;
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WHEREAS, on December 5, 2012, Mediator Rotman made a second mediator’s
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proposal regarding a resolution in principle of litigation to be accepted by Noon December 10, 2012,
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which was extended to December 12, 2012 at 3:00 p.m.;
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WHEREAS, on December 12, 2012, the Parties both accepted the second mediator’s
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proposal and reached a settlement of this matter in principle based on the same, subject to the Parties’
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drafting of a long form Settlement Stipulation that shall be submitted to this Court for approval;
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WHEREAS, this case is currently scheduled for a Case Management Conference on
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December 14, 2012 at 8:30 a.m.;
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WHEREAS, the Court previously set Plaintiffs’ hearing for their Motion for Class
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Certification on May 3, 2013 at 10:00 a.m. [Doc. No. 32];
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WHEREAS, the Parties believe it would conserve judicial resources and promote
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efficiency to vacate the Case Managmeent Conference and the hearing on Plaintiffs’ Motion for Class
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Certification in light of the resolution in principle of this case; and
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WHEREAS, the Parties have agreed that Plaintiffs’ Motion for Preliminary Approval
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of Class Action Settlement shall be filed on or before February 1, 2013, and shall be set for hearing in
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accord with the Local Rules and based upon the availability of the Court;
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NOTICEOF SETTLEMENT IN PRINCIPLE; JT. STIP. AND [PROP.] ORDER TO CONTINUE
CASE MANAGEMENT CONFERENCE AND VACATE DATES (3:11-CV-06669-CRB )

Case3:11-cv-06669-CRB Document45 Filed12/12/12 Page3 of 4

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IT IS HEREBY STIPULATED, by the Parties that the Case Management Conference

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and the hearing on Plaintiffs’ Motion for Class Certification shall be vacated. Plaintiffs’ Motion for

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Preliminary Approval of Class Action Settlement shall be filed on or before February 1, 2013 and the

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hearing for said Motion shall be in accord with the Local Rules and based upon the availability of the

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Court.

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DATED:

December 12, 2012

LAW OFFICES OF PETER M. HART
By: /s/ Amber S. Healy______________
Peter M. Hart
Amber S. Healy
Attorney for Plaintiffs

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DATED:

December 12, 2012

O’MELVENY & MYERS, LLP

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By: /s/ Adam P. KohSweeney_____________
Adam P. KohSweeney
Attorneys for Defendant THE RITZCARLTON HOTEL COMPANY, LLC

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NOTICEOF SETTLEMENT IN PRINCIPLE; JT. STIP. AND [PROP.] ORDER TO CONTINUE
CASE MANAGEMENT CONFERENCE AND VACATE DATES (3:11-CV-06669-CRB )

Case3:11-cv-06669-CRB Document45 Filed12/12/12 Page4 of 4

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[PROPOSED] ORDER

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The parties having so stipulated, and GOOD CAUSE APPEARING THEREFORE, IT

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IS HEREBY ORDERED that:

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The Case Management Conference set for December 14, 2012, at 8:30 a.m. is hereby
vacated; and
The hearing on Plaintiffs’ Motion for Class Certification set for May 3, 2013, at 10:00

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a.m. is hereby vacated.

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Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement shall be filed

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on or before February 1, 2013 and the hearing for said Motion shall be in accord with the Local Rules

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and based upon the availability of the Court.

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_________________________________
Hon. Charles R. Breyer ED
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Judge, United States E
IS SO O District Court

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December 13, 2012
_________________

UNIT
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DATED:

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NOTICEOF SETTLEMENT IN PRINCIPLE; JT. STIP. AND [PROP.] ORDER TO CONTINUE
CASE MANAGEMENT CONFERENCE AND VACATE DATES (3:11-CV-06669-CRB )