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)

Download PDF
1 2 3 4 5 6 7 8 9 10 Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 11 12 13 14 15 GORDON & REES LLP MARK S. POSARD (SBN: 208790) mposard@gordonrees.com MOLLIE M. BURKS (SBN: 222112) mburks@gordonrees.com SARA A. MOORE (SBN: 294255) smoore@gordonrees.com 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 986-5900 Facsimile: (415) 986-8054 Attorneys for Defendants XANITOS, INC. AND KAISER FOUNDATION HOSPITALS, INC. HOFFMAN EMPLOYMENT LAWYERS, LLP MICHAEL HOFFMAN (SBN 154481) mhoffman@employment-lawyers.com LEONARD EMMA (SBN 224483) lemma@employment-lawyers.com STEPHEN NOEL ILG (SBN 275599) silg@employment-lawyers.com 580 California Street, Suite 1600 San Francisco, CA 94101 Tel (415) 362-1111 Fax (415) 362-1112 Attorneys for Plaintiff PAULA DONALD 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION 18 19 20 PAULA DONALD, on behalf of herself, all others similarly situated, and the general public 21 22 23 24 Plaintiff, vs. XANITOS, INC., a Delaware corporation, KAISER FOUNDATION HOSPITALS, INC., a California corporation, and DOES 1 through 10, inclusive, 25 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 3:14-cv-05416 WHO STIPULATION AND ORDER TO CONTINUE FINAL APPROVAL HEARING Date: March 29, 2017 Time: 2:00 p.m. 26 27 The parties to the above-entitled action jointly submit this STIPULATION AND 28 [PROPOSED] ORDER TO CONTINUE FINAL APPROVAL HEARING, currently scheduled -1STIPULATION AND ORDER TO CONTINUE FINAL APPROVAL HEARING CASE NO. 3:14-cv-05416 WHO 1 2 3 4 5 6 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, 7 any class member who wishes to not participate in the settlement may request exclusion from the 8 class by submitting a signed request within sixty (60) days following the date of the initial 9 mailing of the Settlement Notice Packet; 10 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 11 any class member who wishes to object to the proposed settlement must present written 12 objections to the Court within sixty (60) days following the date of the initial mailing of the 13 Settlement Notice Packet; 14 15 16 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- 17 referenced, Defendant Xanitos, Inc. (“Xanitos”) was unable to compile the class member data 18 necessary to complete the Settlement Notice Packets until January 5, 2017; 19 WHEREAS defense counsel then reviewed the data provided by Xanitos, determining 20 that there were some errors in the data and that additional work is required in order to complete 21 the Settlement Notice Packets; 22 23 24 25 26 27 28 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 1 hearing of approximately thirty (30) days to allow the Xanitos to complete the compilation of 2 class member data, to mail the Settlement Notice Packet, and to permit class members to provide 3 a response within the deadlines provided. 4 5 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. 6 7 Dated: January 23, 2017 GORDON & REES LLP 8 By: 9 10 Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 11 12 13 14 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: 15 16 17 /s/ Leonard Emma Michael Hoffman Leonard Emma Stephen Noel Ilg Attorneys for Plaintiff PAULA DONALD 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION AND ORDER TO CONTINUE FINAL APPROVAL HEARING CASE NO. 3:14-cv-05416 WHO 1 ORDER 2 Pursuant to the parties’ Stipulation, and good causing appearing therefor, the Court 3 hereby continues the March 29, 2017 Final Approval Hearing until April 26, 2017. All 4 applicable deadlines are modified accordingly. 5 6 7 8 IT IS SO ORDERED. Dated: January 24, 2017 The Honorable William Orrick 9 10 Gordon & Rees LLP 275 Battery Street, Suite 2000 San Francisco, CA 94111 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION AND ORDER TO CONTINUE FINAL APPROVAL HEARING CASE NO. 3:14-cv-05416 WHO

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?