Sarinana v. DS Waters of America, Inc.

Filing 105

STIPULATION AND ORDER re 104 STIPULATION WITH PROPOSED ORDER Re Final Approval Hearing filed by Hector Sarinana. Case Management Statement due by 12/11/2014. Further Case Management Conference set for 12/18/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/29/14. (bpf, COURT STAFF) (Filed on 9/29/2014)

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WYNNE LAW FIRM
Edward J. Wynne
(SBN 165819)
[e-mail]
100 Drakes Landing Road Ste. 275
Greenbrae, CA 94904
Telephone: [phone]
Facsimile: 415-461-3900

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Class Counsel

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SEYFARTH SHAW LLP
Catherine M. Dacre (SBN 141988)
[e-mail]
Eric E. Hill (SBN 173247)
[e-mail]
560 Mission St., 31 st FI.
San Francisco, CA 94105
Telephone: [phone]
Facsimile: 415-397-8549

THE TURLEY LAW FIRM
William Turley (SBN 122408)
[e-mail]
625 Broadway, Ste. 635
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619-234-4048
Attomeys for Objectors
P ARKER DAVIS et aI.

Attomeys for Defendant
DS SERVICES OF AMERICA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HECTOR SARINANA, on behalf of himself
and all others similarly situated,
Plaintiff,

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Case No. C-13-090S EMC
and related case 14-2996 EMC
STIPULATION AND [PROPOSED] ORDER
RE FINAL APPROVAL HEARING
and setting Further CMC

V.

DS WATERS OF AMERICA, INC.,

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Defendant.

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WYNNE LA W FIRM
100 DRJ\KES LI\NDI:-lG RO,\D

SlllTE275

GREENBRAE, CA 94904

[phone]
WWWWYNNELAWF[RM.Co;..f

STIPULATION AND [PROPOSED] ORDER RE FINAL APPROVAL HEARING
C-13-0905 EMC

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The parties hereby submit the following Stipulation:

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STIPULATION

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WHEREAS, preliminary approval to the parties' settlement was granted on July 11,

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2014. (Dkt. 80). As a result, the class was mailed notice of the settlement on July 25, 2014,

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notifying them of an October 9,2014 hearing on final approval.

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WHEREAS, counsel in Davis v. DS Waters ofAmerica, Inc. (S.D. Cal. Case No. 14-cv-

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00250-BAS (NLS)) submitted an objection to the settlement on behalf of a number of class

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members ("Objectors") regarding the settlement related to alleged meal period violation claims.

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WHERAS, Davis includes rest period claims that were not alleged in Sarin ana or

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Haley.

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WHEREAS, the hearing for final approval of this settlement is currently set for October
9,2014.

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WHEREAS, the parties and the Objectors appeared for a hearing regarding a temporary

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restraining order issued by the Court related to Objectors' counsel on September 11, 2014.

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(Dkt. 82).

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WHEREAS, subsequent to the September 11, 2014 hearing, counsel for the parties and

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Objectors met and conferred and agreed to an additional day of mediation regarding the claims

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for alleged meal and rest period violations before mediator Jeffrey Ross on November 21,

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2014.

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WHEREAS, the parties and Objectors have met and conferred and agree that the cunent

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hearing date for final approval of this settlement should be vacated and that notice should be

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sent to the class infonning them of such.

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Dated: September 25,2014

WYNNE LAW FIRM

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Edward J. Wynne
Class Counsel

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WYNNE LA W FIRM
100 DRAKI:.s LANDING ROAD

Sl!ITE275
GREENBRAE, CA 94904

(4IS)461-6400
W\VW. WYNNELA WFlJUvI.COM

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STIPULATION AND [PROPOSED] ORDER RE FINAL APPROVAL HEARING
C-13-0905 EMC

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Dated: September 25,2014

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Eric E. Hill
Attorneys for Defendant
DS SERVICES OF AMERICA, INC.

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Dated: September 25,2014

THE TURLEY LA W FIRM

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William Turley
Attorneys for Objectors
p ARKER DAVIS et al.

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ORDER

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WYNNE LAW FIRM
]IlO OKM::ES LA.'JDING ROAD

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United States District Court C
TA
Northern District of California

DERED
SO OR ED
IT IS
DIFI
AS MO
dward
Judge E

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for December 18, 2014 at 10:30 a.m. An updated joint CMC
statement _ _ _ be filed by December 11, 2014.
Dated: _ _ _shall _ _ __
September 29, 2014
Edward M. ChenDISTRIC
S

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that the October 9,2014 final approval hearing is vacated. a Further CMC is set

NO

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The parties are ordered to have the Claims Administrator send notice to the class

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2.

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is vacated.

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M. Che

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The final approyal hearing currently scheduled for October 9, 2014 at 1:30 p.m.

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follows:

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Having read and considered the parties' and Objectors' Stipulation, the Court orders as

UNIT
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STIPULATION AND [PROPOSED] ORDER RE FINAL APPROVAL HEARING
C-13-0905 EMC

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SEYFARTH SHAW LLP

Dated: September 25, 2014

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Eric E. Hill
Attorneys for Defendant
DS SERVICES OF AMERICA, INC.

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THE TURLEY LAW FIRM

Dated: September 25, 2014

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William urley
Attorneys for Objectors
PARKER DAVISet al.

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ORDER

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Having read and considered the parties' and Objectors' Stipulation, the Court orders as
follows:

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The tinal approval hearing currently scheduled for October 9, 2014 at 1:30 p.m.

is vacated.

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The parties are ordered to have the Claims Administrator send notice to the class

that the October 9, 2014 final approval hearing is vacated.
Dated: _ _ _ _ _ _ _ _ __
Edward M. Chen
United States District Court
Northern District of California

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WYNNE LAW FIIlM
100 DR,\t:ES L,\NI}INe) \to,,))

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GUEENlIltAF., CA !H90-j

(415)-161-6-100

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STIPULATION AND [PROPOSED] ORDER RE FINAL APPROVAL HEARING
C-13-0905 EMC