Bayat v. Bank of the West

Filing 44

STIPULATION AND ORDER re 43 STIPULATION WITH PROPOSED ORDER RE ATTORNEYS FEES AND COSTS IN CONNECTION WITH PROPOSED CLASS ACTION SETTLEMENT filed by Mohammed Ereikat, Younus Bayat. Signed by Judge Edward M. Chen on 8/6/14. (bpf, COURT STAFF) (Filed on 8/6/2014)

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LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
Jonathan D. Selbin (State Bar No. 170222)
250 Hudson Street, 8th Floor
New York, NY 10013
Telephone: [phone]
Facsimile: [phone]
LIEFF, CABRASER, HEIMANN &
BERNSTEIN, LLP
Daniel M. Hutchinson (State Bar No. 239458)
Nicole D. Sugnet (State Bar No. 246255)
275 Battery Street, 29th Floor
San Francisco, California 94111-3339
Telephone: [phone]
Facsimile: [phone]

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MEYER WILSON CO., LPA
Matthew R. Wilson (SB No. 290473)
Michael J. Boyle, Jr. (SB No. 258560)
1320 Dublin Road, Ste. 100
Columbus, Ohio 43215
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs Younus Bayat and
Mohammed Ereikat, and the Proposed Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YOUNUS BAYAT and MOHAMMED
EREIKAT, on behalf of themselves and all
others similarly situated,
Plaintiffs,

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STIPULATED UNDERTAKING RE
ATTORNEYS FEES AND COSTS IN
CONNECTION WITH PROPOSED CLASS
ACTION SETTLEMENT

v.

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Case No. 13-CV-2376 (EMC)

BANK OF THE WEST,
Defendant.

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-11172202.2

STIPULATED UNDERTAKING RE ATTORNEYS FEES
AND COSTS IN CONNECTION WITH PROPOSED
CLASS ACTION SETTLEMENT
CASE NO. 13-CV-2376 (EMC)

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Plaintiffs Younus Bayat and Mohammed Ereikat (together, “Plaintiffs”) and defendant

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Bank of the West (collectively, “the Parties”), by and through their undersigned counsel stipulate

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and agree as follows:

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WHEREAS, the undersigned Counsel and their respective law firms desire to give an

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undertaking for repayment of their award of attorneys’ fees and costs (“Undertaking”), as is

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required by the Settlement Agreement,

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STIPULATION

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NOW, THEREFORE, each of the undersigned Counsel, on behalf of themselves as

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individuals and as agents for their respective law firms, hereby submit themselves and their

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respective law firms to the jurisdiction of the Court for the purpose of enforcing the provisions of

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this Undertaking.

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Capitalized terms used herein without definition have the meanings given to them in the
Settlement Agreement.

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In the event that the Final Approval Order is reversed or modified on appeal, in whole or

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in part, or the Agreement does not become effective for any reason the undersigned Counsel shall,

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within fifteen (15) days of the event that prevents the Agreement from becoming effective, repay

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to Bank of the West, or any of its successors or assigns the attorneys’ fees and costs paid from the

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Fund to undersigned Counsel in the amount vacated or modified, including any accrued interest.

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In the event the Final Approval Order is not reversed on appeal, in whole or in part, but

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the attorneys’ fees and costs awarded by the Court are vacated or modified on appeal,

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undersigned Counsel shall, within fifteen (15) days after the order vacating or modifying the

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award of attorneys’ fees and costs becomes final, repay to the Fund the attorneys’ fees and costs

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paid from the Fund to undersigned Counsel in the amount vacated or modified, including any

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accrued interest.

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Any action that may be required thereafter may be addressed to this Court on shortened
notice, but not less than five (5) court days.

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This Undertaking and all obligations set forth herein shall expire upon finality of all
appeals of the Final Approval Order.
-21172202.2

STIPULATED UNDERTAKING RE ATTORNEYS FEES
AND COSTS IN CONNECTION WITH PROPOSED
CLASS ACTION SETTLEMENT
CASE NO. 13-CV-2376 (EMC)

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In the event undersigned Counsel fails to repay to the Fund or Bank of the West, or any of

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its successors or assigns any of the attorneys’ fees and costs that are owed pursuant to this

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Undertaking, the Court shall, upon application of such entity and notice to undersigned Counsel,

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summarily issue orders, including but not limited to judgments and attachment orders against

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Counsel, and each of them, and may make appropriate findings for sanctions for contempt of

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court.

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The undersigned stipulate, warrant, and represent that they are equity partners in their

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respective law firms and have both actual and apparent authority to enter into this stipulation,

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agreement and undertaking on behalf of their respective law firms.

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This Undertaking may be executed in one or more counterparts, each of which shall be

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deemed an original but all of which together shall constitute one and the same instrument.

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Signatures by facsimile shall be as effective as original signatures.

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The undersigned declare under penalty of perjury under the laws of the State of California

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and the United States that they have read and understand the foregoing and that it is true and

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correct.

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IT IS SO STIPULATED THROUGH COUNSEL OF RECORD:
AGREED TO BY UNDERSIGNED COUNSEL:

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Dated: July 24, 2014

LIEFF CABRASER HEIMANN & BERNSTEIN, LLP

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By: /s/ Jonathan D. Selbin
Jonathan D. Selbin

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Dated: July 24, 2014

MEYER WILSON CO., LPA

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By: /s/ Matthew R. Wilson
Matthew R. Wilson

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-31172202.2

STIPULATED UNDERTAKING RE ATTORNEYS FEES
AND COSTS IN CONNECTION WITH PROPOSED
CLASS ACTION SETTLEMENT
CASE NO. 13-CV-2376 (EMC)

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ACKNOWLEDGED BY
COUNSEL FOR DEFENDANT:
BANK OF THE WEST

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Dated: July 24, 2014

STROOCK & STROOCK & LAVAN LLP

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By: /s/ Lisa M. Simonetti
Lisa M. Simonetti

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ATTESTATION

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I, Jonathan D. Selbin, am the ECF user whose identification and password are being used

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to file this Stipulation. I hereby attest that Matthew R. Wilson and Lisa M. Simonetti have
concurred in this filing.

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/s/ Jonathan D. Selbin
Jonathan D. Selbin

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-41172202.2

STIPULATED UNDERTAKING RE ATTORNEYS FEES
AND COSTS IN CONNECTION WITH PROPOSED
CLASS ACTION SETTLEMENT
CASE NO. 13-CV-2376 (EMC)

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8/6/14
Dated:________________________

S
UNIT
ED

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ERED

O ORD
IT IS S

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hen
rd M. C
ge Edwa
Jud

NO

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RT

ER

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RT
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__________________________________________
S DISTRIC M.
TE Hon. EdwardT C Chen
TA United States District Court Judge

R NIA

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6th
August
IT IS SO ORDERED this ____ day of __________ 2014.

FO

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and in service of judicial economy and efficiency. Therefore,

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The Court has considered the above Stipulation and finds that it is in the interests of the Parties

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[PROPOSED] ORDER

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F
D IS T IC T O
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C

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-51172202.2

STIPULATED UNDERTAKING RE ATTORNEYS FEES
AND COSTS IN CONNECTION WITH PROPOSED
CLASS ACTION SETTLEMENT
CASE NO. 13-CV-2376 (EMC)