IL Fornaio (America) Corp. et al v. Lazzari Fuel Company, LLC et al

Filing 123

REQUEST FOLLOWING SEPTEMBER 16 HEARING. Responses due September 19 at noon.. Signed by Judge Alsup on September 16, 2014. (whalc1, COURT STAFF) (Filed on 9/16/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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IL FORNAIO (AMERICA) CORPORATION,
OLIVETO PARTNERS, LTD. and THE FAMOUS
ENTERPRISE FISH COMPANY OF SANTA
MONICA, INC., on behalf of themselves and all others
similarly situated,

No. C 13-05197 WHA and
C 13-05331 WHA
(consolidated)

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Plaintiffs,
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For the Northern District of California

United States District Court

v.
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LAZZARI FUEL COMPANY, LLC,
CALIFORNIA CHARCOAL AND FIREWOOD, INC.,
CHEF’S CHOICE MESQUITE CHARCOAL,
RICHARD MORGEN, ROBERT COLBERT,
MARVIN RING, and WILLIAM W. LORD,

REQUEST FOLLOWING
SEPTEMBER 16 HEARING

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Defendants.
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/
DARBAR CUISINE, INC.,

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Plaintiff,
v.
CHEF’S CHOICE MESQUITE CHARCOAL,
LAZZARI FUEL COMPANY LLC,
CALIFORNIA CHARCOAL AND FIREWOOD, INC.,
and WILLIAM W. LORD,

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Defendants.
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/

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At the hearing on September 16, counsel for defendant Lazzari Fuel Company, LLC

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referenced (i) an agreement with the Department of Justice pursuant to the Antitrust Criminal

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Penalty Enhancement and Reform Act, and (ii) restitution. By NOON ON

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SEPTEMBER 19, 2014, Lazzari shall please file a declaration regarding these items, appending

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all supporting documentation, including the executed agreement(s) with the Department of
Justice. Lazzari and plaintiffs shall also please file a joint memorandum of authorities

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(not to exceed six pages) regarding the effect, if any, of Lazzari’s agreement with the

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Department of Justice. The memorandum should address, inter alia, “cooperation,” trebling

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damages, joint-and-several liability, and attorney’s fees.

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As stated at the hearing, the settling defendants have until NOON ON SEPTEMBER 19 to

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file a statement regarding whether the proposed partial class settlement will be revised to

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propose a substantially shorter payment schedule.

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Dated: September 16, 2014.

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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