Nicole Zilveti v. Global Marketing Research Services, Inc

Filing 59

ORDER APPROVING JOINT STIPULATION TO STAY ALL LITIGATION DEADLINES. All litigation deadlines are stayed until January 16, 2017. If a notice of dismissal has not been filed by January 16, 2017, the parties shall file a joint status report. Signed by Judge Maxine M. Chesney on December 1, 2016. (mmclc1, COURT STAFF) (Filed on 12/1/2016)

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Matthew J. O’Connor (SBN 203334)
O'CONNOR LAW
A Professional Corporation
420 West Broadway, 29th Floor
San Diego, CA 92101
Telephone: [phone]
Facsimile: 619.756.6991
Steven L. Woodrow
([e-mail])*
Patrick H. Peluso
([e-mail])*
Woodrow & Peluso, LLC
3900 East Mexico Ave., Suite 300
Denver, Colorado 80210
Telephone: [phone]
Facsimile: [phone]

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*Pro hac vice

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Attorneys for Plaintiff Nicole Zilveti and the Putative Classes

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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NICOLE ZILVETI, individually and on
behalf of a class of similarly situated
individuals,
Plaintiffs,

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v.

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GLOBAL MARKETING RESEARCH
SERVICES, INC., a Florida corporation,

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Defendant.

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) Case No. 4:2015-cv-02494-MMC
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) JOINT STATUS REPORT
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AND ORDER THEREON
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-1JOINT STATUS REPORT; [PROPOSED] ORDER

3:cv-15-2494 MMC

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Plaintiff Nicole Zilveti (“Plaintiff” or Zilveti”) and Defendant Global Marketing Research

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Services, Inc. (“Defendant” or “GMRS”) hereby respectfully file this Joint Status Report in

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accordance with the Court’s November 2, 2016 Order. (Dkt. 57.) The Parties state as follows:

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1.

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

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

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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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2.

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;
3.

On August 16, 2016, at the Final Approval Hearing in the Martin litigation, the

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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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4.

On November 4, 2016, the Martin court granted Final Approval of the Parties’

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settlement, with the caveat that the issue of attorneys’ fees would be addressed in a separate

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order. (Martin Dkt. 139);

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5.

On November 30, 2016, the Martin court issued an Order resolving the attorneys’

fees issue. (Martin Dkt. 140);
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However, on November, 20, 2016, a pro se objector, attorney Patrick S. Sweeney,

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filed a Notice of Appeal regarding the Martin court’s Order granting Final Approval. The Parties

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are presently working to address the appeal, which attorney Sweeney filed despite the fact he

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does not appear to have even been a member of the Settlement Class;

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7.

Once the appeal is resolved, the Parties will be able to file a stipulation of

dismissal in this action.
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As such, the Parties believe there is good cause to extend the stay of all litigation

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deadlines in this instant action, pending the result of Objector Sweeney’s appeal, after which time

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the Parties shall file a stipulation to dismiss this case in its entirety.

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-2JOINT STATUS REPORT; [PROPOSED] ORDER

3:cv-15-2494 MMC

WHEREFORE, the Parties respectfully request that the Court extend the stay of all

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litigation deadlines in the instant action for an additional forty-five (45) days at which time the

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Parties shall file a further status report regarding the status of the appeal or a dismissal of this

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action in accordance with the Settlement Agreement. Should the appeal be resolved prior to the

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expiration of the forty-five (45) days the Parties will file a dismissal promptly upon resolution of

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the appeal.

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O’CONNOR LAW
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By: /s/ Matthew J. O’Connor
Matthew J. O’Connor, Esq.
Counsel for Plaintiff

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WOODROW & PELUSO, LLC

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DATED: November 30, 2016

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DATED: November 30, 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: November 30, 2016

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

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-3JOINT STATUS REPORT; [PROPOSED] ORDER

3:cv-15-2494 MMC

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SCHWARTZ LAW GROUP

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DATED: November 30, 2016

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By: /s/
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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ATTESTATION

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

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

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signatories thereto.
/s/ Patrick H. Peluso____________________

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-4JOINT STATUS REPORT; [PROPOSED] ORDER

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[PROPOSED] ORDER

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IT IS HEREBY ORDERED that all litigation deadlines be stayed for forty-five (45)
days, up to and including January 16, 2017, at which time the Parties shall file a further status
report regarding the status of the related matter, Martin, et al. v. Global Marketing Research
Services, Inc., Case No. 6:14-cv-1290-ORL-31-KRS (M.D. FL), or a dismissal of this action in
accordance with the Settlement Agreement.

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IT IS FURTHER ORDERED THAT, if the Martin matter is resolved prior to the
expiration of the forty-five (45) days, the Parties will promptly file a dismissal of this California
action.

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IT IS SO ORDERED.

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DATED: December 1, 2016
THE HONORABLE MAXINE M. CHESNEY
THE H
HONORABLE
M. CH
C
U it d States Di t i t J d
United St t District Judge
t

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-5JOINT STATUS REPORT; [PROPOSED] ORDER

3:cv-15-2494 MMC