Donald v. Xanitos, Inc.

Filing 75

ORDER TO CONTINUE FINAL APPROVAL HEARING granting 74 Stipulation. Fairness Hearing set for 4/26/2017 02:00 PM. Signed by Judge William H. Orrick on 01/24/2017. (jmdS, COURT STAFF) (Filed on 1/24/2017)

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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GORDON & REES LLP
MARK S. POSARD (SBN: 208790)
[e-mail]
MOLLIE M. BURKS (SBN: 222112)
[e-mail]
SARA A. MOORE (SBN: 294255)
[e-mail]
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
XANITOS, INC. AND
KAISER FOUNDATION HOSPITALS, INC.
HOFFMAN EMPLOYMENT LAWYERS, LLP
MICHAEL HOFFMAN (SBN 154481)
[e-mail]
LEONARD EMMA (SBN 224483)
[e-mail]
STEPHEN NOEL ILG (SBN 275599)
[e-mail]
580 California Street, Suite 1600
San Francisco, CA 94101
Tel [phone]
Fax [phone]
Attorneys for Plaintiff
PAULA DONALD

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

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PAULA DONALD, on behalf of herself, all
others similarly situated, and the general
public

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Plaintiff,
vs.
XANITOS, INC., a Delaware corporation,
KAISER FOUNDATION HOSPITALS,
INC., a California corporation, and DOES 1
through 10, inclusive,

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Defendants.

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CASE NO. 3:14-cv-05416 WHO
STIPULATION AND ORDER TO
CONTINUE FINAL APPROVAL
HEARING
Date: March 29, 2017
Time: 2:00 p.m.

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The parties to the above-entitled action jointly submit this STIPULATION AND

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[PROPOSED] ORDER TO CONTINUE FINAL APPROVAL HEARING, currently scheduled
-1STIPULATION AND ORDER TO CONTINUE FINAL APPROVAL HEARING
CASE NO. 3:14-cv-05416 WHO

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for March 29, 2017 at 2:00 p.m.
WHEREAS on December 9, 2016, the Court granted Plaintiff’s Motion for Preliminary
Approval of Class Action Settlement;
WHEREAS as part of the Court’s December 9, 2016 Order, a Final Approval Hearing
was scheduled for March 29, 2017 at 2 p.m.;
WHEREAS based on the parties’ agreement and the Court’s December 9, 2016 Order,

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any class member who wishes to not participate in the settlement may request exclusion from the

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class by submitting a signed request within sixty (60) days following the date of the initial

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mailing of the Settlement Notice Packet;

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WHEREAS based on the parties’ agreement and the Court’s December 9, 2016 Order,

Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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any class member who wishes to object to the proposed settlement must present written

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objections to the Court within sixty (60) days following the date of the initial mailing of the

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Settlement Notice Packet;

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WHEREAS based on the sixty-day notice period, the deadline to mail the Settlement
Notice Packet was December 30, 2017;
WHEREAS given the holidays and that two separate payroll systems needed to be cross-

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referenced, Defendant Xanitos, Inc. (“Xanitos”) was unable to compile the class member data

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necessary to complete the Settlement Notice Packets until January 5, 2017;

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WHEREAS defense counsel then reviewed the data provided by Xanitos, determining

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that there were some errors in the data and that additional work is required in order to complete

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the Settlement Notice Packets;

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WHEREAS defense counsel has been working diligently with Xanitos to provide
complete and accurate information;
WHEREAS the accuracy of data is essential to ensure proper allocation of the settlement
funds to class members;
WHEREAS defense counsel expects that complete and accurate data will be transmitted
to the claims administrator by no later than January 30, 2017;
Accordingly, the parties respectfully request a short continuance of the final fairness
-2STIPULATION AND ORDER TO CONTINUE FINAL APPROVAL HEARING
CASE NO. 3:14-cv-05416 WHO

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hearing of approximately thirty (30) days to allow the Xanitos to complete the compilation of

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class member data, to mail the Settlement Notice Packet, and to permit class members to provide

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a response within the deadlines provided.

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Pursuant to Local Rule 5-1, the filer of this document attests that concurrence in the filing
of the same has been obtained from each of the other signatories.

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Dated: January 23, 2017

GORDON & REES LLP

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By:

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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Dated: January 23, 2017

/s/ Mollie M. Burks
Mark S. Posard
Mollie M. Burks
Sara A. Moore
Attorneys for Defendants
XANITOS, INC. and KAISER
FOUNDATION HOSPITALS,
INC.

HOFFMAN EMPLOYMENT LAWYERS,
LLP
By:

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/s/ Leonard Emma
Michael Hoffman
Leonard Emma
Stephen Noel Ilg
Attorneys for Plaintiff
PAULA DONALD

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-3STIPULATION AND ORDER TO CONTINUE FINAL APPROVAL HEARING
CASE NO. 3:14-cv-05416 WHO

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ORDER

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Pursuant to the parties’ Stipulation, and good causing appearing therefor, the Court

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hereby continues the March 29, 2017 Final Approval Hearing until April 26, 2017. All

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applicable deadlines are modified accordingly.

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IT IS SO ORDERED.
Dated: January 24, 2017
The Honorable William Orrick

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Gordon & Rees LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111

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-4STIPULATION AND ORDER TO CONTINUE FINAL APPROVAL HEARING
CASE NO. 3:14-cv-05416 WHO