Lounibos v. Keypoint Government Solutions Inc

Filing 55

STIPULATION AND ORDER re 54 STIPULATION WITH PROPOSED ORDER CONTINUING PLAINTIFFS DEADLINE TO FILE NEW MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT filed by Donald Lounibos. Signed by Judge Jon S. Tigar on December 2, 2013. (wsn, COURT STAFF) (Filed on 12/2/2013)

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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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Date:

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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 (docket number 45). In particular, the July 12, 2013 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 November 18, 2013, the Court entered an Order continuing Plaintiff’s Deadline
to File New Motion for Preliminary Approval of Class Action Settlement. Pursuant to the November 18,
2013, Order, Plaintiff’s current deadline to file a new Motion is December 5, 2013;
WHEREAS, the parties have come to agreement on all material terms to a modified settlement
that the parties believe address all of the issues set forth in the Court’s July 12, 2013 Order, including,
without limitation, a non-reversionary settlement and a revised class definition and class period.
Additionally, in order to address the Court’s concern regarding class members potentially receiving
preferential treatment in the distribution of the settlement proceeds, as specifically addressed in the
Court’s July 12, 2013 Order, the parties are in the process of gathering and analyzing each potential class

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member’s regular, overtime and double time earnings for the revised class period in order to ensure that

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the proposed distribution of settlement funds are shared proportionally based on each class member’s

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actual wages earned; and

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WHEREAS, in order to allow the parties to finalize and enter into the amended settlement

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agreement and to obtain and analyze the class members’ earnings data for the revised class period, the

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parties request a seven (7) day extension of the current deadline to file a new motion for preliminary

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approval of class action settlement.

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WHEREAS, in light of the fact that the Motion for Preliminary Approval is unopposed, a full
35-day notice period is unnecessary;
IT IS THEREFORE STIPULATED AND AGREED that Plaintiff shall file a new Motion for

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Preliminary Approval of Class Action Settlement, which addresses the deficiencies set forth in the

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Court’s July 12, 2013 Order, on or before December 12, 2013. The hearing on the Motion for
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Preliminary Approval of Class Action Settlement shall take place on January 9, 2014, at 2:00 P.M. in

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Courtroom 9.

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IT IS SO STIPULATED.
Respectfully submitted,

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Date: November 27, 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: November 27, 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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/s/
Karin Cogbill

[PROPOSED] ORDER
IT IS HEREBY ORDERED AS FOLLOWS:
Plaintiff shall file a new Motion for Preliminary Approval of Class-Action Settlement on or
before December 12, 2013. The hearing on the Motion for Preliminary Approval shall take place on
January 9, 2014, at 2:00 P.M. in Courtroom 9.

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DATED: December 2, 2013

________________________________
Honorable Jon S. Tigar
United States District Judge

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