Melgar v. CSK Auto, Inc.

Filing 163

STIPULATION AND ORDER re 162 TO CONTINUE DEADLINE TO SUBMIT AMENDED SETTLEMENT DOCUMENTS PURSUANT TO THE COURTS ORDER CONDITIONALLY GRANTING PLAINTIFFS MOTION FOR PRELIMINARY APPROVAL filed by CSK Auto, Inc. Signed by Judge Edward M. Chen on 6/29/18. (bpfS, COURT STAFF) (Filed on 6/29/2018)

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MICHAEL MALK (Bar No. 222366)
[e-mail]
MICHAEL MALK, ESQ., APC
1180 South Beverly Drive, Suite 302
Los Angeles, CA 90035
Telephone:
310.203.0016
Facsimile:
310.499.5210
Attorneys for Plaintiffs
OSMIN MELGAR and KARO
KHATCHADOORIAN
JAMES M. PETERSON (Bar No. 137837)
[e-mail]
EDWIN M. BONISKE (Bar No. 265701)
[e-mail]
HIGGS FLETCHER & MACK LLP
401 West “A” Street, Suite 2600
San Diego, CA 92101-7913
Telephone:
619.236.1551
Facsimile:
619.696.1410
Attorneys for Defendant
CSK AUTO, INC. n/k/a O’Reilly Auto Enterprises,
LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OSMIN MELGAR, individually and on
behalf of all others similarly situated,

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Plaintiff,

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v.
CSK AUTO, INC., an Arizona Corporation,
and DOES 1-100,

Case No. 3:13-CV-03769 (EMC)
STIPULATION AND JOINT MOTION TO
CONTINUE DEADLINE TO SUBMIT
AMENDED SETTLEMENT DOCUMENTS
PURSUANT TO THE COURT’S ORDER
CONDITIONALLY GRANTING
PLAINTIFF’S MOTION FOR
PRELIMINARY APPROVAL;
[PROPOSED] ORDER

Defendants.

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JUDGE:
DEPT:

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Hon. Edward M. Chen
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Case No. 3:13-CV-03769 (EMC)
Stipulation & Joint Motion to Continue Deadline to Submit Amended Settlement Documents

8574143.1

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This Stipulation and Joint Motion is entered into by and between Plaintiffs Osmin Melgar and

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Karo Khatchadoorian (“Plaintiffs”) and Defendant CSK Auto, Inc., n/k/a O’Reilly Auto

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Enterprises, LLC (“O'Reilly” and jointly with Plaintiffs, the “Parties”), through their undersigned

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counsel of record.

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1.

On June 25, 2018, the Court entered an order conditionally granting Plaintiffs’

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motion for preliminary approval of the Parties’ class action settlement (Doc. 161). In that Order,

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the Court outlined a number of modifications that were required to be made to the settlement

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agreement, the proposed class notice, and the proposed order submitted in support of Plaintiffs’

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motion for preliminary approval. The Court ordered that the Parties “file an amended proposed

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class notice and an amended proposed order, along with an amended stipulation of settlement”

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within one week of the date of this order—by July 2, 2018.

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2.

Plaintiffs’ counsel is (and has been since the time that the order was issued on

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June 25, 2018) out of state on a pre-planned family vacation and is not scheduled to return to

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California until July 2, 2018—the date the revised settlement documents are presently due.

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Coincidentally, O’Reilly’s client representative and signatory to the settlement agreement is also

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out of town on a pre-planned vacation this week, scheduled to return on July 2, 2018.

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3.

Although counsel have already started working on preparing the necessary

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amendments to the settlement documents, the Parties do not believe that they will have signed,

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completed documents to file by July 2, 2018 in light of their respective unavailability. As such,

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and considering the upcoming Fourth of July holiday, the Parties have met and conferred and

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hereby jointly request that the Court continue the deadline to file the amended settlement

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agreement, amended proposed class notice, and amended proposed order for a period of one

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additional week—from July 2, 2017 to July 9, 2018.

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Case No. 3:13-CV-03769 (EMC)
Stipulation & Joint Motion to Continue Deadline to Submit Amended Settlement Documents

8574143.1

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IT IS SO STIPULATED.

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Respectfully Submitted,

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DATED: June 27, 2018

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MICHAEL MALK, ESQ., APC
By: /s/ Michael Malk
Michael Malk

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Attorneys for Plaintiffs OSMIN MELGAR and
KARO KHATCHADOORIAN

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DATED: June 27, 2018

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HIGGS FLETCHER & MACK, LLP
By: /s/ Edwin M. Boniske
James M. Peterson
Edwin M. Boniske

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Attorneys for Defendant CSK AUTO, INC. n/k/a
O’REILLY AUTO ENTERPRISES, LLC

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[PROPOSED] ORDER

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The Court, having reviewed the Parties’ stipulation, and finding good cause therefore,

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hereby GRANTS the Parties’ stipulation and joint motion. The Parties shall file an amended

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proposed class notice, an amended proposed order, and an amended stipulation of settlement in

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accordance with the Court’s June 25, 2018 Order (Doc. 161) by no later than July 9, 2018.

UNIT
ED

6/29/2018
DATED: ____________________

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IT IS S

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R NIA

Hon. Edward M. Chen
United States ORDERED
District Judge

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Case No. 3:13-CV-03769 (EMC)
Stipulation & Joint Motion to Continue Deadline to Submit Amended Settlement Documents

8574143.1