4EC Holdings, LLC v. Linebarger Goggan Blair & Sampson, LLP

Filing 92

Order by Hon. Vince Chhabria granting 89 Stipulation Concerning Plaintiff's Renewed Motion for Preliminary Approval of Class Settlement.(knm, COURT STAFF) (Filed on 8/20/2015)

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Michael L. Charlson (SBN 122125)
[e-mail]
VINSON & ELKINS LLP
525 Market Street, Suite 2750
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Russell Yager (pro hac vice)
[e-mail]
VINSON & ELKINS LLP
2001 Ross Avenue, Suite 3700
Dallas, Texas 75201
Telephone: [phone]
Facsimile: 214.220.7716
Attorneys for Defendant
LINEBARGER GOGGAN BLAIR & SAMPSON LLP,
a Texas limited liability partnership
[Names and Addresses of Additional
Counsel Listed on Signature Pages]

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO
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4EC HOLDINGS, LLC, a Delaware limited liability
company,
Plaintiff,

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vs.
LINEBARGER GOGGAN BLAIR & SAMPSON
LLP, a Texas limited liability partnership,

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Defendant.

Case No. 3:14-cv-01944 VC
(Class Action)
FURTHER STIPULATED ORDER
CONCERNING PLAINTIFF’S
RENEWED MOTION FOR
PRELIMINARY APPROVAL OF
CLASS SETTLEMENT
(DKT. NO. 73)
Courtroom of the Honorable
Vince Chhabria

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This stipulation is made between Plaintiff 4EC Holdings, LLC, a Delaware limited liability

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company (“Plaintiff”), and Defendant Linebarger Goggan Blair & Sampson LLP, a Texas limited

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liability partnership (“Defendant”) (collectively, “the Parties”), through their respective attorneys of

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record, and pertains to Plaintiff’s pending Renewed Motion for Preliminary Approval of Class

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Settlement (the “Renewed Motion”), which is calendared for hearing before the Court on August 20,

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2015.
-1STIP. ORDER CONCERNING RENEWED MOTION.
FOR PRELIMINARY SETTLEMENT APPROVAL

CASE NO.: 3:14-CV-01944 VC

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THE PARTIES AGREE AND STIPULATE AS FOLLOWS:

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In response to the Court’s Order re Preliminary Approval Hearing entered August 17, 2015

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(the “August 17 Order”), the parties have agreed upon and prepared an Amended and Corrected

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Stipulation of Class Action Settlement and Release (the “Amended and Corrected Stipulation”). The

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Amended and Corrected Stipulation, including its exhibits, is being filed with the Court concurrently

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with this stipulation. The Amended and Corrected Stipulation supersedes all prior stipulations

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concerning the terms of the proposed Settlement of this action – specifically the stipulations filed

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with the Court on December 30, 2014; March 24, 2015, July 10, 2015 and July 22, 2015 (Dkts. 50,

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65, 76 & 81). The parties request that Plaintiff’s Renewed Motion for Preliminary Approval of

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Class Settlement (Dkt. No. 73) be deemed to seek approval of the Settlement as set forth in the

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Amended and Corrected Stipulation. Although the Amended and Corrected Stipulation reflects no

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substantive changes to the Settlement terms as between the parties, the parties believe that the

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Amended and Corrected Stipulation responds to the issues, typographical and otherwise, that the

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Court noted in its August 17 Order. Plaintiffs note their desire to discuss at the August 20, 2015

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hearing their planned application for an award of attorneys’ fees and expenses, and the possibility of

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a supplemental application.

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The August 17 Order requested that the parties have available for the Court redlined versions

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of the Amended and Corrected Stipulation and its exhibits. The parties intend to have those redlined

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versions delivered to Chambers today by electronic mail, per instructions from the Court’s deputy.

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Additionally, the corrected Proposed Order Preliminarily Approving Settlement as Amended and

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///

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//

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/

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-2STIP. ORDER CONCERNING RENEWED MOTION.
FOR PRELIMINARY SETTLEMENT APPROVAL

CASE NO.: 3:14-CV-01944 VC

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Providing for Notice will be submitted to Chambers in Word version today, consistent with the

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Court’s standing order.

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IT IS SO AGREED AND STIPULATED this 19th DAY OF AUGUST, 2015.

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Submitted Jointly By:

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VINSON & ELKINS LLP

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By

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/s/ Michael L. Charlson
Michael L. Charlson

ATTORNEYS FOR DEFENDANT
LINEBARGER GOGGAN BLAIR & SAMPSON LLP

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William McGrane (SBN 057761)
[e-mail]
McGRANE LLP
Four Embarcadero Center, Suite 1400
San Francisco, California 94111
Telephone: [phone]
By

/s/ William McGrane
William McGrane

Jonathan R. Bass (SBN 075779)
[e-mail]
COBLENTZ PATCH DUFFY & BASS LLP
One Ferry Building, Suite 200
San Francisco, California 94111
Telephone: [phone]
Matthew J. Shier (SBN 072638)
[e-mail]
shierkatz RLLP
930 Montgomery Street, 6th Floor
San Francisco, California 94133
Telephone: [phone]
ATTORNEYS FOR PLAINTIFF
4EC HOLDINGS, LLC

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-3STIP. ORDER CONCERNING RENEWED MOTION.
FOR PRELIMINARY SETTLEMENT APPROVAL

CASE NO.: 3:14-CV-01944 VC

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PROPOSED ORDER
Pursuant to the Stipulation of the parties and upon good cause showing, IT IS SO
ORDERED.

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August 20, 2015
DATED: __________________

________________________________
Honorable Vince Chhabria
United States District Judge

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-4STIP. ORDER CONCERNING RENEWED MOTION.
FOR PRELIMINARY SETTLEMENT APPROVAL

CASE NO.: 3:14-CV-01944 VC