Hochstetler et al v. Pacific Gateway Concessions LLC

Filing 81

ORDER Requiring Parties to Meet and Confer Re: Cy Pres Award. Telephonic Status Conference set for 7/31/2017 at 01:30 PM before Judge Thelton E. Henderson. The parties and Consumers Union shall contact the court clerk for dial-in instructions. Signed by Judge Thelton E. Henderson on 7/25/17. (tehlc2, COURT STAFF) (Filed on 7/25/2017) (Additional attachment(s) added on 7/25/2017: # 1 Certificate/Proof of Service) (tlS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RACHEL HOCHSTETLER, et al.,
Plaintiffs,

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v.

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PACIFIC GATEWAY CONCESSIONS
LLC,

Case No. 14-cv-04748-TEH
ORDER REQUIRING PARTIES TO
MEET AND CONFER RE: CY PRES
AWARD

Defendant.
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On July 24, 2017, the Court held a status conference with the parties and a

United States District Court
Northern District of California

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representative from Consumers Union. Specifically, the Court ordered the parties to

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“come prepared to address how the Court can properly enforce the Settlement Agreement’s

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cy pres award and what changes to the cy pres award, if any, are needed.” ECF No. 74 at

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1:27–28. During the conference, counsel for Pacific Gateway Concessions (“PGC”)

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expressed the possibility of amending the cy pres award to allow Consumers Union to

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redeem the gift cards at PGC’s warehouse. While the Consumers Union representative

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expressed some interest in the idea, he stated he would need to discuss the option with the

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organization. In light of this potential resolution – and possibly others – the parties are

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instructed to meet and confer with Consumers Union, in good faith, to attempt to resolve

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their dispute regarding the cy pres award. The parties and Consumers Union shall report

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the outcome of their discussion(s) to the Court via a telephonic status conference hereby

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scheduled for July 31, 2017, at 1:30 PM. The parties and Consumers Union shall contact

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the court clerk at 415-522-2041 for dial-in instructions.

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The Court is hopeful that the parties and Consumers Union will reach an agreeable

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resolution. In the event no agreement is reached, the Court shall issue an appropriate order

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resolving the matter.

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IT IS SO ORDERED.

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Dated: 7/25/2017

_____________________________________
THELTON E. HENDERSON
United States District Judge

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United States District Court
Northern District of California

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