Miller v. Southwest Airlines Co.

Filing 35

ORDER granting 34 MOTION SEEKING ORDER SHORTENING TIME TO SET HEARING [Local Rule 7-11] [UNOPPOSED MOTION FOR ADMINISTRATIVE RELIEF SEEKING ORDER SHORTENING TIME TO SET HEARING - Local Rule 7-11]. Motion(preliminary approval) Hearing and Further Case Management Conference set for 10/11/2013 10:00 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 9/16/2013. (beS, COURT STAFF) (Filed on 9/17/2013)

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KELLER GROVER LLP

1965 Market Street, San Francisco, CA 94103
Tel. [phone] | Fax. [phone]

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COLIN H. MURRAY (SBN 159142)
[e-mail]
CHRISTINA M. WONG (SBN 288171)
[e-mail]
BAKER & McKENZIE LLP
Two Embarcadero Center, 11th floor
San Francisco, CA 94111-3802
Telephone: [phone]
Facsimile: [phone]
TERESA H. MICHAUD (Admitted pro hac vice)
[e-mail]
BAKER & McKENZIE LLP
2001 Ross Avenue, Suite 2300
Dallas, TX 75201
Telephone:
[phone]
Facsimile:
(214) 978-309
Attorneys for Defendant
SOUTHWEST AIRLINES CO.

ERIC A. GROVER (SBN 136080)
[e-mail]
KELLER GROVER LLP
1965 Market Street
San Francisco, California 94103
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
ROBERT MILLER on behalf of
himself and others similarly situated
TODD D. CARPENTER (SBN 234464)
[e-mail]
CARPENTER LAW GROUP
432 West Broadway, 29th Floor
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JAMIE LUMOS on behalf of herself and
others similarly situated

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ROBERT MILLER, on behalf of himself and
all others similarly situated,
Plaintiff,

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vs.

Defendants.

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JAMIE LUMOS, on behalf of herself and
all others similarly situated,

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CLASS ACTIONS
CONSOLIDATED FOR DISCOVERY PURPOSES ONLY

SOUTHWEST AIRLINES CO., a Texas
Corporation; and DOES 1 through 20, inclusive,

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Case No: C-12-5978-CRB

STIPULATION AND ORDER GRANTING
MOTION FOR ADMINISTRATIVE
RELIEF AND SHORTENING TIME FOR
HEARING
[Local Rules 6-2 and 7-12]
Case No. C-13-1429-CRB

Plaintiff,
vs.
SOUTHWEST AIRLINES CO., a Texas
corporation; and DOES 1 through 20, inclusive,

Ctrm:
Judge:

6, 17th Floor
The Honorable Charles R. Breyer

Defendants.

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STIPULATION & [PROPOSED] ORDER GRANTING MOTION
FOR ADMINISTRATIVE RELIEF & SHORTENING TIME

CASE NO. C-12-5978-CRB
CASE NO. C-13-1429-CRB

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Pursuant to Local Rules 6-2 and 7-12, Plaintiffs ROBERT MILLER and JAMIE LUMOS

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(“Plaintiffs”) and Defendant SOUTHWEST CO. (“Defendant”) (collectively the “Parties”) in the

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above-captioned actions, by and through their respective counsel of record, hereby stipulate as

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follows:

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WHEREAS, the Parties have reached a class action settlement that Plaintiffs will present
to the Court for preliminary approval;

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WHEREAS, Plaintiffs intend to file the unopposed motion for preliminary approval of the
class action settlement on Friday, September 13, 2013;

KELLER GROVER LLP

1965 Market Street, San Francisco, CA 94103
Tel. [phone] | Fax. [phone]

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WHEREAS, because Local Rule 7-2(a) requires a minimum of not less than 35 days from

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the date a motion is filed to set a hearing date, the earliest hearing date permitted under that rule is

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October 18, 2013;

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WHEREAS, Counsel for Plaintiff Miller is unavailable on October 18, 2013 due to a
scheduling conflict;

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WHEREAS, the Court’s scheduling notes indicate that the Court is unavailable on
October 25, 2013;

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WHEREAS, the Parties have agreed that delaying the preliminary approval hearing until
November is not in the best interest of the parties;

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WHEREAS, the next case management conference is scheduled on October 11, 2013;

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WHEREAS, counsel for the Parties are available on October 11, 2013;

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WHEREAS, the Parties have agreed that October 11, 2013, which will be 28 days from

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the anticipated September 13, 2013 motion filing and service date, is a reasonable and appropriate

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date for the hearing; and

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WHEREAS, Plaintiff has filed a motion for administrative relief seeking an order

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shortening the time for hearing of the motion for preliminary approval to not less than 28 days

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from the date the motion is served;

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///

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///

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STIPULATION & [PROPOSED] ORDER GRANTING MOTION
FOR ADMINISTRATIVE RELIEF & SHORTENING TIME

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CASE NO. C-12-5978-CRB
CASE NO. C-13-1429-CRB

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IT IS STIPULATED AND AGREED between the Parties that:

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1.

Plaintiffs’ motion for administrative relief should be GRANTED and the time for

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hearing of Plaintiffs’ unopposed motion for preliminary approval of the class

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action settlement should be SHORTENED to not less than 28 days from the date

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the motion is served and set for hearing on October 11, 2013.

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IT IS SO STIPULATED.
Dated: September 12, 2013

KELLER GROVER LLP

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By: /s/Eric A. Grover
ERIC A. GROVER

KELLER GROVER LLP

1965 Market Street, San Francisco, CA 94103
Tel. [phone]; Fax. [phone]

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Attorneys for Plaintiff
ROBERT MILLER and the Proposed Class

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Dated: September 12, 2013

GAINES & GAINES APLC

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By: /s/Daniel F. Gaines
DANIEL F. GAINES

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Attorneys for Plaintiff
ROBERT MILLER and the Proposed Class

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Dated: September 12, 2013

CARPENTER LAW GROUP

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By: /s/Todd D. Carpenter
TODD D. CARPENTER

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Attorneys for Plaintiff
JAMIE LUMOS and the Proposed Class

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Dated: September 12, 2013

BAKER & McKENZIE LLP

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By: /s/Colin H. Murray
COLIN H. MURRAH
TERESA H. MICHAUD
Attorneys for Defendant
SOUTHWEST AIRLINES CO.

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STIPULATION & [PROPOSED] ORDER GRANTING MOTION
FOR ADMINISTRATIVE RELIEF & SHORTENING TIME

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CASE NO. C-12-5978-CRB
CASE NO. C-13-1429-CRB

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ATTESTATION

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I, ERIC A. GROVER, am counsel for Plaintiff Robert Miller. As the ECF user and filer

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of this document, I attest that concurrence in the filing of this document has been obtained from

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its signatories and that I have on file all holographic signatures corresponding to any signatures

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indicated by a conformed signature (/s/) within this e-filed document.

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Dated: September 12, 2013

KELLER GROVER LLP

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By: /s/Eric A. Grover
ERIC A. GROVER
Attorneys for Plaintiff
ROBERT MILLER and the Proposed Class

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ORDER SHORTENING TIME FOR HEARING

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Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that:

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1.

Plaintiffs’ motion for administrative relief is GRANTED and the time for hearing

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of the motion for preliminary approval of the class action settlement is

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SHORTENED to not less than 28 days from the date of service of the motion,

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rather than the 35-day minimum time required under Local Rule 7-2(a).

at 10:00 a.m.
PURSUANT TO THE STIPULATION, IT IS SO ORDERED.

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S
Dated: September 16, 2013

ERED

O ORD
THE HONORABLE CHARLES R. BREYER
IT IS SDistrict Court
Judge of the United States

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STIPULATION & [PROPOSED] ORDER GRANTING MOTION
FOR ADMINISTRATIVE RELIEF & SHORTENING TIME

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Motion and case management conference set for hearing on October 11, 2013

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KELLER GROVER LLP

1965 Market Street, San Francisco, CA 94103
Tel. [phone]; Fax. [phone]

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CASE NO. C-12-5978-CRB
CASE NO. C-13-1429-CRB