Nicole Zilveti v. Global Marketing Research Services, Inc

Filing 57

ORDER APPROVING JOINT STIPULATION TO STAY ALL LITIGATION DEADLINES. All litigation deadlines are stayed until November 30, 2016. If a notice of dismissal has not been filed by November 30, 2016, the parties shall file a joint status report. Signed by Judge Maxine M. Chesney on November 1, 2016. (mmclc1, COURT STAFF) (Filed on 11/2/2016)

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Ian A. Rambarran, Bar No. 227366
Diana N. Chinn, Bar No. 271577
KLINEDINST PC
801 K Street, Suite 2100
Sacramento, California 95814
[phone]/FAX [phone]
[e-mail]
[e-mail]

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KLINEDINST PC
801 K STREET, SUITE 2100
SACRAMENTO, CALIFORNIA 95814

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Steven G. Schwartz, Esq.
(Admitted )
David J. Pascuzzi, Esq.
(Admitted pro hac vice)
Schwartz Law Group
6751 N. Federal Highway, Suite 400
Boca Raton, FL 33487
[phone]/FAX [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
GLOBAL MARKETING RESEARCH
SERVICES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NICOLE ZILVETI,

Case No.

3:15-cv-15-2494-MMC

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Plaintiff,
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v.

JOINT STIPULATION TO STAY ALL
LITIGATION DEADLINES; [PROPOSED]
ORDER

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GLOBAL MARKETING RESEARCH
SERVICES, INC.

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Courtroom:
Judge:
Complaint Filed:
Trial Date:

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Maxine M. Chesney
June 4, 2015
None set

Defendant.
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The following is a stipulation by and between Defendant GLOBAL MARKETING

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RESEARCH SERVICES, INC. (“Defendant” or “GMRS”) and Plaintiff NICOLE ZILVETI

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(“Plaintiff” or “Zilveti”) and their attorneys of record, as follows:

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-1JOINT STIPULATION TO STAY ALL LITIGATION DEADLINES; [PROPOSED] ORDER
3:15-cv-15-2494-MMC

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WHEREAS, the Parties reached a Stipulation of Settlement (“Settlement Agreement”) in

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the related matter of Martin, et al. v. Global Marketing Research Services, Inc., Case No. 6:14-

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cv-1290-ORL-31-KRS (M.D. FL) (the “Martin litigation”), which would resolve this California

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litigation, and submitted their proposed Settlement Agreement for approval by the court in the

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Martin litigation on March 18, 2016 (Martin Dkt. 97-1);

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KLINEDINST PC
801 K STREET, SUITE 2100
SACRAMENTO, CALIFORNIA 95814

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WHEREAS, the Martin court issued its Order granting Preliminary Settlement Approval
on March 29, 2016 (Martin Dkt. 98) and set the Final Approval Hearing for August 16, 2016;
WHEREAS, on August 16, 2016, at the Final Approval Hearing in the Martin litigation,
the Martin court heard argument regarding the fairness, reasonableness, and adequacy of the

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Settlement Agreement and held an evidentiary hearing for the related matter of attorney’s fees.

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At the close of the hearing, the Martin court advised it would not issue its final ruling until the

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finality of the claims process and ordered the Parties to submit a final claims count following the

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expiration of the claims deadline;

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WHEREAS the claims deadline has now passed, the Parties submitted a final claims

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count to the Martin court on October 28, 2016, and the Parties believe that the Martin court will

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approve the Settlement Agreement at some point within the next several weeks;

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WHEREAS, once the Martin court approves the Settlement Agreement, the claims in this

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case will also be resolved, and the Parties will thereafter submit a Stipulation of Dismissal of this

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California litigation;

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WHEREAS, the Parties filed Joint Stipulations to Stay All Litigation Deadlines in the

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California litigation on April 1, 2016 and August 31, 2016 (Zilveti Dkt. 52, 54), which this Court

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granted on April 4, 2016 and September 1, 2016, respectively (Zilveti Dkt. 53, 55);

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WHEREAS, the Parties are in agreement and believe there is good cause to extend the

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stay of all litigation deadlines in this instant action, pending the Martin court’s entry of its Final

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Settlement Approval Order, after which time the Parties shall file a stipulation to dismiss this

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case in its entirety; and

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WHEREAS, the Parties agree to promptly apprise this Court if entry of the final order is
continued or not granted for any reason;
-2JOINT STIPULATION TO STAY ALL LITIGATION DEADLINES; [PROPOSED] ORDER
3:15-cv-15-2494-MMC

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IT IS HEREBY AGREED AND STIPULATED by the parties that all litigation

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deadlines be stayed until no earlier than November 30, 2016, pending the Martin court’s entry of

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its Final Settlement Approval Order and anticipated dismissal of this California action.
O’CONNOR LAW

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DATED: October 31, 2016

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By: /s/ Steven L. Woodrow
Matthew J. O’Connor, Esq.
Counsel for Plaintiff

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WOODROW & PELUSO, LLC

KLINEDINST PC
801 K STREET, SUITE 2100
SACRAMENTO, CALIFORNIA 95814

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DATED: October 31, 2016

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By: /s/ Steven L. Woodrow
Steven L. Woodrow, Esq.
Patrick H. Peluso, Esq.
Pro Hac Vice Counsel for Plaintiff
KLINEDINST PC

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DATED: October 31, 2016

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By: /s/ Ian A. Rambarran
Ian A. Rambarran
Diana N. Chinn
Attorneys for Defendant
GLOBAL MARKETING RESEARCH
SERVICES, INC.

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SCHWARTZ LAW GROUP

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DATED: October 31, 2016

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By: /s/ Steven G. Schwartz
Steven G. Schwartz (admitted pro hac vice)
David J. Pascuzzi (admitted pro hac vice)
Attorneys for Defendant
GLOBAL MARKETING RESEARCH
SERVICES, INC.

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-3JOINT STIPULATION TO STAY ALL LITIGATION DEADLINES; [PROPOSED] ORDER
3:15-cv-15-2494-MMC

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ATTESTATION

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In compliance with Federal Rule 5, Local Rule 5-1(i)(3), the filer of this document

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hereby attests that the concurrence to the filing of this document has been obtained from the

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other signatories thereto.

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/s/ Diana N. Chinn____________________

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KLINEDINST PC
801 K STREET, SUITE 2100
SACRAMENTO, CALIFORNIA 95814

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-4JOINT STIPULATION TO STAY ALL LITIGATION DEADLINES; [PROPOSED] ORDER
3:15-cv-15-2494-MMC

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[PROPOSED] ORDER

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IT IS HEREBY ORDERED that all litigation deadlines be stayed until November 30,

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2016, pending the Martin court’s entry of its Final Order in the related matter, Martin, et al. v.

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Global Marketing Research Services, Inc., Case No. 6:14-cv-1290-ORL-31-KRS (M.D. FL), and

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dismissal of this California action.

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IT IS FURTHER ORDERED THAT, if a notice of dismissal has not been filed by
November 30, 2016, the Parties shall apprise the Court as to the status of the settlement.

KLINEDINST PC
801 K STREET, SUITE 2100
SACRAMENTO, CALIFORNIA 95814

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IT IS SO ORDERED.

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DATED: November 2, 2016
THE HONORABLE MAXINE M. CHES
THE HONORABLE MA
O
CHES
CHESNEY
E
United States District Judge
ed

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16806531v1

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-5JOINT STIPULATION TO STAY ALL LITIGATION DEADLINES; [PROPOSED] ORDER
3:15-cv-15-2494-MMC