Arnaudov et al v. California Delta Mechanical, Inc et al

Filing 151

MODIFIED ORDER GRANTING STIPULATION TO APPOINT ARBITRATOR TO DETERMINE PLAINTIFFS' ATTORNEY'S FEES AND COSTS PURSUANT TO SETTLEMENT AGREEMENT 150 . The motion hearing set for 5/27/2015 is VACATED. Signed by Judge Nathanael Cousins on 5/5/2015. (lmh, COURT STAFF) (Filed on 5/5/2015)

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WOODALL LAW OFFICES
100 PINE STREET, SUITE 1250
SAN FRANCISCO, CALIFORNIA 94111
TELEPHONE: [phone]
FACSIMILE: [phone]
[e-mail]
KEVIN F. WOODALL, BAR NO. 180650
DOUGLAS LAW OFFICES
100 PINE STREET, SUITE 1250
SAN FRANCISCO, CALIFORNIA 94111
TELEPHONE: [phone]
FACSIMILE: [phone]
[e-mail]
JOHN H. DOUGLAS, BAR NO. 178966
ATTORNEYS FOR PLAINTIFFS

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Claudio E. Iannitelli, Pro Hoc Vice
Daniel P. Iannitelli, SBN 203388
CHEIFETZ IANNITELLI MARCOLINI, P.C.
111 West Monroe Street, 17th Floor
Phoenix, AZ 95003
Tel: 602.952.600
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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MARTIN ARNAUDOV, IVAN
)
VELICHKOV, MIHAIL SLAVKOV,
)
VICTOR DRAGNI, SERGHEY DRAGNI, )
DRAGAN LERINC, NIKOLA VLAOVIC,
)
JAMES MCKENZIE, ERIC OLSON,
)
FRANCISCO MAGANA, AND
)
BOZHIDAR MIRCHEV, INDIVIDUALS,

CASE NO. CV 13-2306 NC

STIPULATION TO APPOINT
ARBITRATOR TO DETERMINE
PLAINTIFFS’ ATTORNEY’S FEES
AND COSTS PURSUANT TO
SETTLEMENT AGREEMENT;
) [PROPOSED] ORDER THEREON

PLAINTIFFS,

)
)
V.
)
CALIFORNIA DELTA MECHANICAL, )
)
INC., A CORPORATION; DELTA
MECHANICAL, INC., A CORPORATION; )
NEVADA DELTA MECHANICAL, INC., )
A CORPORATION; TODOR KITCHUKOV, )
AN INDIVIDUAL; AND DOES 1 THROUGH 8, )
INCLUSIVE,
)
)
DEFENDANTS.

AS MODIFIED

STIPULATION TO APPOINT ARBITRATOR; [PROPOSED] ORDER

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WHEREAS, the parties entered into a settlement agreement that provides an
arbitrator will determine Plaintiff’s reasonable attorney’s fees and costs;

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WHEREAS, on May 1, 2015, the Court informed the parties that it could not issue

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a ruling relating to the Renewed Joint Motion For Approval Of Settlements of FLSA and

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PAGA Claims prior to a determination of Plaintiffs’ attorney’s fees and costs to be paid

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under the settlement agreement;

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IT IS HEREBY STIPULATED that pursuant to the parties’ settlement agreement,
the parties shall:
(1) no later than Friday, May 8, 2015, select an arbitrator to address the

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outstanding issue of the amount of attorney’s fees and costs to be paid under the

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settlement agreement by Defendants, all in accordance with the selection method set forth

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in the settlement agreement;

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(2) immediately retain the selected arbitrator after the decision, whose services
shall be paid by Defendants;
(3) Plaintiffs’ shall submit their moving papers within 20 days of the arbitrator’s
appointment;
(4) the opposition and reply papers shall be submitted in accordance with the
Federal Rules of Procedure or as directed by the arbitrator; and
(5) the parties shall submit to the Court the arbitrator’s determination regarding the

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amount of attorney’s fees and costs within 10 days of the parties’ receipt of same, along

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with the amended settlement agreements and other papers deemed necessary for the

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parties’ request for approval of same.

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WOODALL LAW OFFICES
DATE: MAY 4 , 2015

DOUGLAS LAW OFFICES

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BY: /S/ KEVIN WOODALL
KEVIN F. WOODALL
ATTORNEYS FOR PLAINTIFFS

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STIPULATION TO APPOINT ARBITRATOR; [PROPOSED] ORDER

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CHEIFETZ IANNITELLI MARCOLINI, P.C.

DATE: MAY 4, 2015

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BY: /S/ CLAUDIO E. IANNITELLI
CLAUDIO E. IANNITELLI
ATTORNEYS FOR DEFENDANTS

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ORDER

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For good cause shown, the parties’ stipulation is approved. IT IS HEREBY
ORDERED that the parties shall:
(1) no later than Friday, May 8, 2015, select an arbitrator to address the

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outstanding issue of the amount of attorney’s fees and costs to be paid under the

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settlement agreement by Defendants, all in accordance with the selection method set forth

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in the settlement agreement;

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(2) immediately retain the selected arbitrator after the decision, whose services
shall be paid by Defendants;
(3) Plaintiffs’ shall submit their moving papers within 20 days of the arbitrator’s
appointment;
(4) the opposition and reply papers shall be submitted in accordance with the
Federal Rules of Procedure or as directed by the arbitrator; and
(5) the parties shall submit to the Court the arbitrator’s determination regarding the

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amount of attorney’s fees and costs within 10 days of the parties’ receipt of same, along

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with the amended settlement agreements and other papers deemed necessary for the

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parties’ request for approval of same.
RIC
TC

HON. NATHANAEL M. COUSINS
UNITED STATES MAGISTRATE JUDGE

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Judge Na

anael M.

Cousins

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UNIT
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Dated: May 5, 2015

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(6) The joint motion for approval of settlements of FLSA and PAGA claims set for
May 27, 2015 is VACATED.
IST

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STIPULATION TO APPOINT ARBITRATOR; [PROPOSED]EORDER
C
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F
D IS T IC T O
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