Wright et al v. Adventures Rolling Cross Country, Inc. et al

Filing 170

STIPULATION AND ORDER re 169 STIPULATION WITH PROPOSED ORDER CONTINUING DEADLINE TO FILE FINAL APPROVAL MOTION filed by Michelle Trame, Peter Wright. Signed by Judge Edward M. Chen on 11/22/13. (bpf, COURT STAFF) (Filed on 11/22/2013)

1
2
3
4
5
6
7
8
9
10
11

BRYAN SCHWARTZ LAW
BRYAN SCHWARTZ (SBN 209903)
WILLIAM C. WEEKS (SBN 289984)
1330 Broadway, Suite 1630
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
RUDY, EXELROD, ZIEFF & LOWE, L.L.P.
DAVID A. LOWE (SBN 178811)
JOHN T. MULLAN (SBN 221149)
351 California Street, Suite 700
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT

12
13

FOR THE NORTHERN DISTRICT OF CALIFORNIA

14

SAN FRANCISCO DIVISION

15
16

PETER WRIGHT and MICHELLE TRAME,
individually, on behalf of all others similarly
situated, and on behalf of the general public,

17
18
19
20
21
22
23

Case No. CV 12-00982 EMC
STIPULATION AND [PROPOSED]
ORDER CONTINUING DEADLINE
TO FILE MOTION FOR FINAL
APPROVAL OF CLASS ACTION
SETTLEMENT

Plaintiffs,
v.
ADVENTURES ROLLING CROSS
COUNTRY, Inc., dba ADVENTURES
CROSS COUNTRY (ARCC), a California
Corporation, SCOTT VON ESCHEN, and
DOES 1 through 50 inclusive

Date:
Time:
Place:

Courtroom 5, 17th Floor
Hon. Edward M. Chen

Defendants.
/

24
25
26
27

Pursuant to Civil Local Rule 7-12, Plaintiffs Peter Wright and Michelle Trame (“Plaintiffs”)
and Defendants Adventures Rolling Cross Country, Inc. (“ARCC”) and Scott von Eschen
(“Defendants”), by and through their attorneys of record, make the following stipulated request

28
STIPULATION AND [PROPOSED]
ORDER

Case No. CV 12-00982 EMC

1

regarding the briefing deadline for Plaintiffs’ impending Motion for Final Approval of Class Action

2

Settlement, as follows:
WHEREAS, the Court initially set a Final Approval Hearing for January 16, 2013,

3
4

and a deadline of November 28, 2013 for Plaintiffs’ Motion for Final Approval;
WHEREAS, on November 19, 2013, the Court re-set the Final Approval Hearing

5
6

Date for January 23, 2013;

7

WHEREAS, although the initial deadline for Class Members to postmark their Opt-in

8

Forms in this class action was November 25, 2013, the Parties and the Claims Administrator

9

extended that deadline to December 2, 2013, due to an error by the Claims Administrator causing a

10

one-week delay in the provision of correct Notice Forms to the Class Members; as such, the Parties

11

expect valid claims to continue to be submitted to the Claims Administrator through December 2,

12

2013;

13

WHEREAS, in light of the deadline for submission of Claims forms, the Parties

14

respectfully request to delay the deadline for submission of the Final Approval Motion, to allow the

15

Final Approval Motion to describe accurately the Class Members’ participation in the settlement;

16

WHEREAS, in light of the Court’s continuance of the Final Approval Hearing date,

17

there would be no prejudice to any party or the Court if the deadline for the Final Approval Motion

18

were continued;

19

THEREFORE IT IS HEREBY STIPULATED AND REQUESTED by and between

20

Plaintiffs and Defendants, through their respective counsel, that the Court continue the deadline for

21

filing a Final Approval Motion to December 9, 2013, by which time all claims will have been

22

submitted.

23

/

24

/

25

/

26

/

27

/

28

/
STIPULATION AND [PROPOSED]
ORDER

1

Case No. CV 12-00982 EMC

1

Dated: November 21, 2013

BRYAN SCHWARTZ LAW

2
3

/s/ Bryan J. Schwartz
Bryan Schwartz, Bar No. 209903
Attorney for Plaintiffs

4
5
6

Dated: November 21, 2013

HIRSCHFELD KRAEMER LLP

7
/s/ Reed E. Schaper
Reed E. Schaper, Bar No. 082792
Attorneys for Defendants

8
9
10
11

[proposed] ORDER

12

Pursuant to the stipulation, it is SO ORDERED.

13
14

RT

19

ER

21

A

H

20

FO

hen
rd M. C
ge Edwa
Jud

NO

18

LI

17

V
APPRO

R NIA

S

________________________________
Hon. Edward M. Chen
United States District Court
ED

UNIT
ED

16

RT
U
O

15

S DISTRICT
TE
C
TA

N

F
D IS T IC T O
R

C

22
23
24
25
26
27
28
STIPULATION AND [PROPOSED]
ORDER

2

Case No. CV 12-00982 EMC