Ramirez et al v. Ghilotti Bros., Inc. et al

Filing 99

ORDER granting 98 STIPULATION Vacating Dates for Final Approval of Class Action Settlement filed by Jose Ramirez, Luis Gomez, Marck Mena Ortega. Signed by Judge Charles R. Breyer on 12/6/2013. (beS, COURT STAFF) (Filed on 12/9/2013)

1 GAY CROSTHWAIT GRUNFELD – 121944
KATHRYN G. MANTOAN – 239649
2 BLAKE THOMPSON – 255600
JENNY S. YELIN – 273601
3 ROSEN BIEN GALVAN & GRUNFELD LLP
315 Montgomery Street, Tenth Floor
4 San Francisco, California 94104-1823
Telephone: [phone]
5 Facsimile: [phone]
Email:
[e-mail]
6
[e-mail]
[e-mail]
7
[e-mail]
8 ELISA J. STEWART – 219557
WENDY E. MUSELL – 203507
9 STEWART & MUSELL, LLP
351 California Street, Suite 700
10 San Francisco, California 94104
Telephone: [phone]
11 Facsimile: [phone]
Email:
[e-mail]
12
[e-mail]
13 Attorneys for Plaintiffs
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15

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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18 JOSE RAMIREZ, LUIS GOMEZ, and
MARCK MENA ORTEGA on behalf of
19 themselves and all persons similarly
situated,
20
Plaintiffs,
21
v.
22
GHILOTTI BROS., INC., a corporation;
23 and DOES 1 to 50, inclusive,
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Case No. C-12-4590-CRB
STIPULATION AND ORDER
VACATING DATES FOR FINAL
APPROVAL OF CLASS ACTION
SETTLEMENT
Judge: Hon. Charles R. Breyer

Defendants.

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[1029823-1]

C-12-4590-CRB
STIPULATION AND [PROPOSED] ORDER VACATING DATES FOR FINAL APPROVAL OF SETTLEMENT

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WHEREAS, on October 4, 2013, this Court entered an order granting preliminary

2 approval to the parties’ Class Action Settlement, directing Plaintiffs to file a motion for
3 final settlement approval no later than December 13, 2013, and setting a Final Fairness
4 Hearing for December 27, 2013; and
5

WHEREAS, the parties currently have a dispute regarding the proper size and scope

6 of the class list, and have invoked the Dispute Resolution Process described in paragraph
7 14 of the Stipulation to Class Action Settlement; and
8

WHEREAS, the parties are awaiting a decision on their dispute from the designated

9 dispute arbitrator; and
10

WHEREAS, Plaintiffs are unable to move for final approval of the Class Action

11 Settlement until the current dispute is resolved; and
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WHEREAS, as soon as the dispute is resolved, the parties intend to submit an

13 additional Proposed Order to the Court requesting new deadlines and a hearing date;
14

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and

15 between the parties to the above-captioned action, through their respective counsel, as
16 follows:
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[1029823-1]

C-12-4590-CRB
1
STIPULATION AND [PROPOSED] ORDER VACATING DATES FOR FINAL APPROVAL OF SETTLEMENT

1

1.

Plaintiffs’ Motion for Final Approval of Class Action Settlement is no longer

2 due on December 13, 2013. The date for the Final Fairness Hearing, currently set for
3 December 27, 2013, is vacated.
4

2.

Upon resolution of the Dispute Resolution Process currently underway, the

5 parties will promptly submit a stipulation and proposed order to the Court proposing new
6 deadlines and a hearing date.
7

IT IS SO STIPULATED.

8
9 DATED: December 3, 2013
10

ROSEN BIEN GALVAN & GRUNFELD LLP

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By: /s/ Gay Crosthwait Grunfeld
Gay Crosthwait Grunfeld

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Attorneys for Plaintiffs

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DATED: December 3, 2013

JEFFERS MANGELS BUTLER &
MITCHELL LLP

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By: /s/ An Nguyen Ruda
An Nguyen Ruda
Attorneys for Defendants

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[1029823-1]

C-12-4590-CRB
2
STIPULATION AND [PROPOSED] ORDER VACATING DATES FOR FINAL APPROVAL OF SETTLEMENT

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ORDER

2

The Court, having reviewed the above Stipulation of the parties, and good cause

3 appearing, hereby orders as follows:
4

Plaintiffs’ Motion for Final Approval of Class Action Settlement is no longer due

5 on December 13, 2013. The date for the Final Fairness Hearing, currently set for
6 December 27, 2013, is vacated.
7

Upon resolution of the Dispute Resolution Process currently underway, the parties

8 will promptly submit a proposed order to the Court proposing new deadlines and a hearing
9 date.
10
IT IS SO ORDERED.

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. Breyer

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Charles R.uBreyerarles R
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Judge of the United States District Court

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UNIT
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13 DATED: December 6, 2013

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[1029823-1]

C-12-4590-CRB
3
STIPULATION AND [PROPOSED] ORDER VACATING DATES FOR FINAL APPROVAL OF SETTLEMENT