Lounibos v. Keypoint Government Solutions Inc

Filing 49

STIPULATION AND ORDER re 48 STIPULATION WITH PROPOSED ORDER Continuing Plaintiff's Deadline to File New Motion For Preliminary Approval of Class Action Settlement filed by Donald Lounibos. Motion due by 10/30/2013. Further Case Management Conference set for 12/4/2013 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on October 8, 2013. (wsn, COURT STAFF) (Filed on 10/8/2013)

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STEVEN L. HAMMOND (SBN 220521)
Hammond Law Group, P.C.
One Embarcadero Center, Suite 2360
San Francisco, California 94111
Telephone: [phone]
DAVID HARRIS (SBN 215224)
North Bay Law Group
116 E Blithedale Avenue, Suite 2
Mill Valley, CA 94941
Telephone: [phone]
Attorneys for Plaintiff
DONALD LOUNIBOS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DONALD LOUNIBOS, individually and
on behalf of all others similarly situated,

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Case No. 12-CV-0636 (JST)
STIPULATION AND [PROPOSED] ORDER
CONTINUING PLAINTIFF’S DEADLINE
TO FILE NEW MOTION FOR
PRELIMINIARY APPROVAL OF CLASS
ACTION SETTLEMENT

Plaintiff,
v.
KEYPOINT GOVERNMENT
SOLUTIONS, INC., a Delaware
Corporation, and Does 1-10, inclusive,

Assigned to Honorable Jon S. Tigar
450 Golden Gate Avenue
San Francisco, CA 94102

Defendants.

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STIPULATION

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The parties hereby stipulate as follows:

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WHEREAS, on July 12, 2013, the Court issued an Order Denying Motion for Preliminary

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Approval of Class Action Settlement (“Order”) (docket number 45). In particular, the Order, stated,

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“Lounibos’ motion for preliminary approval of the proposed settlement is denied without prejudice.

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Lounibos may file a new motion for preliminary approval of the proposed settlement that cures each of

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the deficiencies identified in this Order within sixty days of the date this order is filed. A case

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management conference will be held on October 2, 2013 at 2:00 p.m.”
WHEREAS, on September 6, 2013, the Court entered an Order continuing Plaintiff’s Deadline to

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File New Motion for Preliminary Approval of Class Action Settlement. Pursuant to the September 6,
2013, Order, Plaintiff’s current deadline to file a new Motion is October 9, 2013.
WHEREAS, the parties have been working to address the issues and deficiencies in the original

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proposed settlement, about which the parties have made substantial progress and are close to finalizing a

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modified agreement, which includes, without limitation, a non-reversionary settlement and a revised
class definition. The parties are in the process of finalizing this modified agreement and will be entering
into a written Amendment, pursuant to paragraph 15.3 of the original Settlement Agreement, that
memorializes these changes; and

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WHEREAS, the parties believe they can cure all of the Court’s concerns and present a proposed

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settlement that will be approved. To this end, the parties request a twenty-one (21) day extension of the

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current deadline in order to finalize the modified settlement agreement and file a new motion for

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preliminary approval of class action settlement.

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IT IS THEREFORE STIPULATED AND AGREED that Plaintiff shall file a new motion for
preliminary approval of class action settlement, which addresses the deficiencies set forth in the Court’s
Order, on or before October 30, 2013. The Case Management Conference, which is currently scheduled
to take place on November 6, 2013 at 2:00 P.M., shall be continued until December 4, 2012 at 2:00
P.M., or the next available date this is convenient for the Court.
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IT IS SO STIPULATED.
Respectfully submitted,

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Date: October 7, 2013

NORTH BAY LAW GROUP

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By

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Attorneys for Plaintiffs
DONALD LOUNIBOS

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/s/
David Harris

Date: October 7, 2013

LITTLER MENDELSON, P.C.

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By

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Attorneys for Defendants
KEYPOINT GOVERNMENT SOLUTIONS, INC.

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October 30, 2013. The Case Management Conference, currently scheduled for November 6, 2013, shall
be continued to December 4, 2013, at 2:00 P.M.

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RT

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__________________________________
Honorable Jon S. Tigar
ERED
O ORD Judge
United States District
IT IS S

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UNIT
ED

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DATED: October ___, 2013

S DISTRICT
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R NIA

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Plaintiff shall file a new motion for preliminary approval of class action settlement on or before

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IT IS HEREBY ORDERED AS FOLLOWS:

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[PROPOSED] ORDER

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/s/
Michelle Heverly

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