Blandino v. MCM Construction, Inc.

Filing 44

STIPULATION AND ORDER CONTINUING PLAINTIFF'S DEADLINE TO FILE MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT re 43 STIPULATION WITH PROPOSED ORDER. Plaintiff shall file the Motion for Preliminary Approval on or before October 1, 2013. Defendant shall file its notice of non-opposition on or before October 8, 2013. The Case Management Conference and the hearing on the Motion for Preliminary Approval shall take place on October 30, 2013, at 2:00 P.M. in Courtroom 2. Signed by Judge William H. Orrick on 09/25/2013. (jmdS, COURT STAFF) (Filed on 9/25/2013)

1
2
3
4

SEYFARTH SHAW LLP
G. Daniel Newland (SBN 087965)
Cassandra H. Carroll (SBN 209123)
Pritee K. Thakarsey (SBN 266168)
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

5
6
7

8
9
10
11
12
13

Attorneys for Defendant
MCM CONSTRUCTION, INC.
HARRIS & RUBLE
Alan Harris (SBN 146079)
Abigail Treanor (SBN 228610)
6424 Santa Monica Boulevard
Los Angeles, California 90038
Telephone: [phone]
Facsimile: 323.962.3004
NORTH BAY LAW GROUP
David S. Harris (SBN 215224)
116 E. Blithedale Avenue, Suite #2
Mill Valley, California 94941-2024
Telephone: [phone]
Facsimile: 415.388.8770

14

15

Attorneys for Plaintiff
ERICK J. BLANDINO

16
UNITED STATES DISTRICT COURT
17
IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA
18
19
20
21
22
23
24
25
26

ERICK J. BLANDINO, individually and on
behalf of all others similarly situated,

)
)
)
Plaintiff,
)
)
v.
)
)
MCM CONSTRUCTION, INC., and DOES 1- )
20,
)
)
Defendants.
)
)
)
)

Case No. C 12-1729 WHO
STIPULATION AND ORDER
CONTINUING PLAINTIFF’S
DEADLINE TO FILE MOTION FOR
PRELIMINARY APPROVAL OF
CLASS ACTION SETTLEMENT

27
28

STIPULATATION AND ORDER CONTINUING PLAINTIFF’S DEADLINE
TO FILE MOTION FOR PRELIMINARY APPROVAL

1
2
3
4
5
6
7

8
9
10
11
12
13
14

15
16
17
18
19
20
21
22

STIPULATION
Plaintiff Erick Blandino (“Plaintiff”) and Defendant MCM Construction, Inc.
(“Defendant”) (collectively “the Parties”), stipulate and agree as follows:
WHEREAS, on September 3, 2013, the parties stipulated and the Court entered an Order
continuing Plaintiff’s deadline to file their Motion for Preliminary Approval of Class Action
Settlement (“Motion for Preliminary Approval”) until September 25, 2013, and set the hearing
on the Motion for Preliminary Approval to take place on October 30, 2013 at 2:00 P.M. in
Courtroom 2;
WHEREAS, the parties have entered into a long-form settlement agreement regarding
the class action claims in the instant action. To this end, Defendant has since provided Plaintiff
with updated information regarding the class, which Plaintiff is in the process of summarizing
and incorporating into the Motion for Preliminary Approval. To this end, however, Plaintiff
needs additional time in order to finalize the summary, as well as the proposed Claim Form and
Notice, which the Parities anticipate finalizing shortly.
WHEREAS, in light of the fact that the Motion for Preliminary Approval is unopposed,
a full 35-day notice period is unnecessary.
IT IS HEREBY STIPULATED that the deadline for Plaintiff to file the Motion for
Preliminary Approval shall be extended by one week. Thus, Plaintiff shall file the Motion for
Preliminary Approval on or before October 1, 2013. Defendant shall file its notice of nonopposition on or before October 8, 2013. The Case Management Conference and the hearing on
the Motion for Preliminary Approval shall take place on October 30, 2013, at 2:00 P.M. in
Courtroom 2.

23
24
25
26
27

IT IS SO STIPULATED.
DATED: September 24, 2013

_/s/ David S. Harris_______________________

David S. Harris
NORTH BAY LAW GROUP
Attorneys for Plaintiff Erick Blandino

28
STIPULATATION AND ORDER CONTINUING PLAINTIFF’S DEADLINE
TO FILE MOTION FOR PRELIMINARY APPROVAL

1
2

///
DATED: September 24, 2013

_/s/ Cassandra Carroll_____________________

Cassandra Carroll
SEYFARTH SHAW
Attorneys for Defendant
MCM Construction, Inc.

3
4
5

ORDER

6
7

8
9
10
11
12

The parties having so stipulated, and GOOD CAUSE APPEARING THEREFORE, IT
IS HEREBY ORDERED that:
Plaintiff’s deadline to file the Motion for Preliminary Approval shall be continued from
September 25, 2013 to October 1, 2013.
The Case Management Conference and the hearing on the Motion for Preliminary
Approval shall take place on October 30, 2013 at 2:00 p.m. in Courtroom 2.

13
14

DATED: September 25, 2013
HON. WILLIAM H. ORRICK

15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATATION AND ORDER CONTINUING PLAINTIFF’S DEADLINE
TO FILE MOTION FOR PRELIMINARY APPROVAL