Arjay Haley v. DS Waters of America Inc et al
Filing
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ORDER vacating final approval hearing and setting further CMC. Case Management Statement due by 12/11/2014. Initial Case Management Conference set for 12/18/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 12/29/14. (bpf, COURT STAFF) (Filed on 9/29/2014)
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WYNNE LAW FIRM
Edward J. Wynne
(SBN 165819)
ewynne@wynnelawfirrn.com
100 Drakes Landing Road Ste. 275
Greenbrae, CA 94904
Telephone: 415-461-6400
Facsimile: 415-461-3900
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Class Counsel
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SEYFARTH SHAW LLP
Catherine M. Dacre (SBN 141988)
cdacre@seyfarth.com
Eric E. Hill (SBN 173247)
ehill@seyfarth.com
560 Mission St., 31 st FI.
San Francisco, CA 94105
Telephone: 415-397-2823
Facsimile: 415-397-8549
THE TURLEY LAW FIRM
William Turley (SBN 122408)
bturley@turleylawfirrn.com
625 Broadway, Ste. 635
San Diego, CA 92101
Telephone: 619-234-2833
Facsimile: 619-234-4048
Attomeys for Objectors
P ARKER DAVIS et aI.
Attomeys for Defendant
DS SERVICES OF AMERICA, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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HECTOR SARINANA, on behalf of himself
and all others similarly situated,
Plaintiff,
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Case No. C-13-090S EMC
and related case 14-2996 EMC
STIPULATION AND [PROPOSED] ORDER
RE FINAL APPROVAL HEARING
and setting Further CMC
V.
DS WATERS OF AMERICA, INC.,
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Defendant.
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WYNNE LA W FIRM
100 DRJ\KES LI\NDI:-lG RO,\D
SlllTE275
GREENBRAE, CA 94904
(415)461-6400
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STIPULATION AND [PROPOSED] ORDER RE FINAL APPROVAL HEARING
C-13-0905 EMC
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The parties hereby submit the following Stipulation:
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STIPULATION
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WHEREAS, preliminary approval to the parties' settlement was granted on July 11,
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2014. (Dkt. 80). As a result, the class was mailed notice of the settlement on July 25, 2014,
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notifying them of an October 9,2014 hearing on final approval.
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WHEREAS, counsel in Davis v. DS Waters ofAmerica, Inc. (S.D. Cal. Case No. 14-cv-
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00250-BAS (NLS)) submitted an objection to the settlement on behalf of a number of class
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members ("Objectors") regarding the settlement related to alleged meal period violation claims.
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WHERAS, Davis includes rest period claims that were not alleged in Sarin ana or
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Haley.
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WHEREAS, the hearing for final approval of this settlement is currently set for October
9,2014.
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WHEREAS, the parties and the Objectors appeared for a hearing regarding a temporary
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restraining order issued by the Court related to Objectors' counsel on September 11, 2014.
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(Dkt. 82).
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WHEREAS, subsequent to the September 11, 2014 hearing, counsel for the parties and
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Objectors met and conferred and agreed to an additional day of mediation regarding the claims
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for alleged meal and rest period violations before mediator Jeffrey Ross on November 21,
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2014.
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WHEREAS, the parties and Objectors have met and conferred and agree that the cunent
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hearing date for final approval of this settlement should be vacated and that notice should be
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sent to the class infonning them of such.
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Dated: September 25,2014
WYNNE LAW FIRM
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Edward J. Wynne
Class Counsel
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WYNNE LA W FIRM
100 DRAKI:.s LANDING ROAD
Sl!ITE275
GREENBRAE, CA 94904
(4IS)461-6400
W\VW. WYNNELA WFlJUvI.COM
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STIPULATION AND [PROPOSED] ORDER RE FINAL APPROVAL HEARING
C-13-0905 EMC
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Dated: September 25,2014
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Eric E. Hill
Attorneys for Defendant
DS SERVICES OF AMERICA, INC.
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Dated: September 25,2014
THE TURLEY LA W FIRM
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William Turley
Attorneys for Objectors
p ARKER DAVIS et al.
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ORDER
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WYNNE LAW FIRM
]IlO OKM::ES LA.'JDING ROAD
E
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United States District Court C
TA
Northern District of California
DERED
SO OR ED
IT IS
DIFI
AS MO
dward
Judge E
ER
H
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for December 18, 2014 at 10:30 a.m. An updated joint CMC
statement _ _ _ be filed by December 11, 2014.
Dated: _ _ _shall _ _ __
September 29, 2014
Edward M. ChenDISTRIC
S
RT
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that the October 9,2014 final approval hearing is vacated. a Further CMC is set
NO
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The parties are ordered to have the Claims Administrator send notice to the class
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O
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2.
R NIA
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is vacated.
n
M. Che
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The final approyal hearing currently scheduled for October 9, 2014 at 1:30 p.m.
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1.
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follows:
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Having read and considered the parties' and Objectors' Stipulation, the Court orders as
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STIPULATION AND [PROPOSED] ORDER RE FINAL APPROVAL HEARING
C-13-0905 EMC
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SEYFARTH SHAW LLP
Dated: September 25, 2014
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Eric E. Hill
Attorneys for Defendant
DS SERVICES OF AMERICA, INC.
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THE TURLEY LAW FIRM
Dated: September 25, 2014
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William urley
Attorneys for Objectors
PARKER DAVISet al.
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ORDER
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Having read and considered the parties' and Objectors' Stipulation, the Court orders as
follows:
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The tinal approval hearing currently scheduled for October 9, 2014 at 1:30 p.m.
is vacated.
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The parties are ordered to have the Claims Administrator send notice to the class
that the October 9, 2014 final approval hearing is vacated.
Dated: _ _ _ _ _ _ _ _ __
Edward M. Chen
United States District Court
Northern District of California
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WYNNE LAW FIIlM
100 DR,\t:ES L,\NI}INe) \to,,))
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GUEENlIltAF., CA !H90-j
(415)-161-6-100
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STIPULATION AND [PROPOSED] ORDER RE FINAL APPROVAL HEARING
C-13-0905 EMC
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