Lounibos v. Keypoint Government Solutions Inc

Filing 72

STIPULATION AND ORDER re 71 STIPULATION WITH PROPOSED ORDER REQUESTING COURT APPROVAL OF SUPPLEMENTAL MAILING TO SETTLEMENT CLASS filed by Donald Lounibos. Signed by Judge Jon S. Tigar on April 8, 2014. (Attachments: # 1 Exhibit 2)(wsn, COURT STAFF) (Filed on 4/8/2014)

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
LOUNIBOS V. KEYPOINT GOVERNMENT SOLUTIONS, INC.
CASE NO. 12-CV-0636-JST
REMINDER AND CORRECTION TO PREVIOUS NOTICE OF PROPOSED CLASS ACTION
SETTLEMENT AND FINAL SETTLEMENT APPROVAL HEARING
REMINDER
You were previously provided with written notice regarding the settlement of the class action entitled Loubinos v.
Keypoint Government Solutions, Inc., United States District Court case number 12-CV-0636-(JST).
The Settlement Class includes all individuals employed as a non-exempt Investigator by Defendant KeyPoint
Government Solutions, Inc. in the state of California during the period from June 1, 2009 through December 31,
2012.
As set forth in the correspondence previously mailed to you, you may be entitled to monetary compensation under
this Class Action Settlement. To receive a payment, you must complete and submit the Claim Form and mail it
postmarked no later than May 9, 2014.
A final approval hearing is scheduled in this case on July 24, 2014 (“Fairness Hearing”). Please check the
settlement website at www.gilardi.com/Keypoint to confirm when, and if, the settlement is approved.
For more information please visit the settlement website at www.gilardi.com/Keypoint, or contact Gilardi & Co.
LLC, the Claims Administrator, at [phone] if you need a claim form or have any other questions.
If you have previously submitted your Claim Form, please disregard this notice. The deadline for submitting a Claim
Form is May 9, 2014.

CORRECTION TO PREVIOUS NOTICE
The correspondence previously mailed to you incorrectly listed April 9, 2014, as the deadline for Class Members to
both object to the settlement and to submit a “Notice of Intention to Appear” at the Fairness Hearing. The correct
deadline to submit an objection and to file a “Notice of Intention to Appear” is May 9, 2014, which is also the
same as the deadline to submit a Claim Form in order to participate in the settlement.
The following sections from the earlier notice were incorrect and are set forth below in their entirety with the correct
dates and deadlines:
How do I object to the Settlement?
Any member of the Settlement Class may object to the proposed Settlement, or any portion thereof, by a written
objection, and supporting papers, mailed to the Court and the Claims Administrator no later than May 9, 2014. The
Claims Administrator’s address is the following:
United States District Court
Northern District – San Francisco
Division
Attn: Clerk of the Court
450 Golden Gate Avenue
San Francisco, CA 94102

Keypoint Settlement Claim
Administrator
c/o Gilardi & Co. LLC
P.O. Box 8060
San Rafael, CA 94912-8060

A written objection must contain the objecting person’s full name, current address and specifically state all
objections and the reasons therefore, and include any and all supporting papers (including, without limitation, all
briefs, written evidence, and declarations). A Settlement Class member who desires to object but who fails to
comply with the objection procedure set forth herein shall be deemed not to have objected. Any member of the
Settlement Class who does not timely submit written objections shall not be permitted to present his, her, or its
objections at the Court’s Fairness Hearing. Any Settlement Class member who submits an objection remains
eligible to receive monetary compensation from the Settlement if he or she submits a timely and valid Claim Form.
Only Settlement Class members who do not file a Request for Exclusion may file objections.
What’s the difference between objecting and asking to be excluded?
Objecting is simply telling the Court you do not like something about the Settlement. You can object only if you
stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement
Class. If you exclude yourself, you will have no basis to object because the Settlement will no longer affect you.
You will receive no money under the settlement if you exclude yourself.
When and where will the Court decide whether to approve the settlement?
The Court will hold a Final Approval Hearing on July 24, 2014 at 2:00 PM in Courtroom 9 (19th floor) at the San
Francisco Courthouse of the U.S. District Court for the Northern District of California, located at 450 Golden Gate
Avenue, San Francisco, California 94102. The Hearing may be moved to a different date and/or time without
additional notice. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If
there are objections, the Court will consider them. The Court will only listen to people who have filed timely
objections. The Court will also decide how much to pay Class Counsel for attorneys’ fees and costs and how much
of an enhancement award to pay the Class Representative. After the Hearing, the Court will decide whether to
approve the Settlement. We do not know how long these decisions will take.
Do I have to come to the hearing?
No. Class Counsel will answer any questions the judge may have. But, you are welcome to come at your own
expense. If you send an objection, you don’t have to come to Court to talk about it. As long as you mailed your
written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it is not
required.
May I speak at the hearing?
You may ask the Court for permission to speak at the Fairness Hearing. To do so, you must send a letter saying that
it is your “Notice of Intention to Appear” in the Lounibos vs. KeyPoint, settlement. Be sure to include your name,
address, telephone number, and your printed and signed name. Your Notice of Intention to Appear must be
postmarked no later than May 9, 2014, and be sent to the Clerk of the Court and the Claims Administrator, at the
addresses above. You cannot speak at the hearing if you excluded yourself, and you will not be able to speak unless
you timely file a Notice of Intention to Appear or an Objection.
If you have any questions or need more information about this settlement, please visit the settlement website at
www.gilardi.com/Keypoint, or contact Gilardi & Co. LLC, the Claims Administrator, at [phone].