Stewart v. Applied Materials, Inc.

Filing 56

STIPULATION AND ORDER re 55 STIPULATION WITH PROPOSED ORDER To Continue Briefing Schedule On Final Approval Of Class Certification And Class Action Settlement Agreement filed by Maria Stewart. Signed by Judge Jon S. Tigar on May 25, 2017. (wsn, COURT STAFF) (Filed on 5/25/2017)

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1 2 3 4 5 6 7 Glenn R. Kantor – SBN 122643 E-mail: gkantor@kantorlaw.net Lisa S. Kantor – SBN 110678 E-mail: lkantor@kantorlaw.net KANTOR & KANTOR, LLP 19839 Nordhoff Street Northridge, California 91324 (818) 886-2525 (Tel) (818) 350-6272 (Fax) Attorney for Plaintiff, MARIA STEWART, on behalf of all others similarly situated 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 MARIA STEWART, on behalf of all others similarly situated, KANTOR & KANTOR LLP 19839 Nordhoff Street Northridge, California 91324 (818) 886 2525 12 13 14 15 16 17 18 19 Plaintiffs, vs. APPLIED MATERIALS, INC. WELFARE PLAN, Defendant. Case No.: 3:15-cv-02632-JST CLASS ACTION Hon. Jon S. Tigar Courtroom 9 STIPULATION TO CONTINUE BRIEFING SCHEDULE ON FINAL APPROVAL OF CLASS CERTIFICATION AND CLASS ACTION SETTLEMENT AGREEMENT Current filing deadline: May 26, 2017 Proposed filing deadline: June 9, 2017 20 21 22 23 24 25 26 27 28 STIPULATION TO CONTINUE BRIEFING SCHEDULE 1 WHEREAS, Plaintiff Maria Stewart filed her unopposed Motions for Class 2 Certification and Preliminary Approval of Class Action Settlement on September 3 30, 2016; 4 WHEREAS, Said Motions were considered by this Court, without hearing, on 5 February 6, 2017, and the Court set a final approval hearing for July 13, 2017, at 6 2:00 p.m. The Court further instructed Plaintiff to file her motion for final approval 7 of the settlement, and application for attorneys’ fees, costs, expenses, and service 8 awards, no later than May 26, 2017. 9 WHEREAS, Plaintiff requests a two-week extension of the deadline for filing her approval motion, to June 9, 2017, and only if the Court deems necessary, a like 11 extension of the date set for the final hearing on said motion. Plaintiff makes this 12 KANTOR & KANTOR LLP 19839 Nordhoff Street Northridge, California 91324 (818) 886 2525 10 request as the lawyer previously assigned to coordinating this action at her law firm, 13 Kantor & Kantor, LLP, relocated and disassociated from the firm some months ago, 14 and for reasons unknown, the May 26 deadline for filing said Motion was not 15 calendared into the law firm’s system. It was not until Monday, May 22, 2017, when 16 defense counsel alerted plaintiff’s counsel of the upcoming deadline, that plaintiff’s 17 counsel realized the error. The additional time is necessary in order for plaintiff’s 18 counsel to prepare and file the Motion. The parties further agree that they have no 19 objection to keeping the July 13, 2017 hearing date for Motion on calendar, and that 20 said date need only be extended should the Court deem it necessary or appropriate. 21 NOW THEREFORE, it is hereby stipulated and agreed, subject to the Court’s 22 approval, that the deadline for Plaintiff to file her Motion for Final Approval be 23 continued from May 26, 2017 to June 9, 2017, and that the Final Hearing remain 24 scheduled as set for July 13, 2017, at 2:00 p.m., or be continued if the Court deems 25 necessary. 26 27 28 1 STIPULATION TO CONTINUE BRIEFING SCHEDULE 1 IT IS SO STIPULATED. 2 3 DATED: May 24, 2017 KANTOR & KANTOR, LLP By: 4 5 6 7 /s/ Glenn R. Kantor Glenn R. Kantor Attorney for Plaintiff, MARIA STEWART, on behalf of all others similarly situated 8 9 DATED: May 24, 2017 MORGAN, LEWIS & BOCKIUS, LLP By: 10 11 KANTOR & KANTOR LLP 19839 Nordhoff Street Northridge, California 91324 (818) 886 2525 12 13 14 15 /s/ Roberta H. Vespremi Nicole A. Diller Roberta H. Vespremi Attorneys for Defendant APPLIED MATERIALS, INC. WELFARE PLAN Filer’s Attestation: Pursuant to Civil L.R. 5-1(i)(3) regarding signatures, Glenn R. Kantor hereby attests that concurrence in the filing of this document and its content has been obtained from all signatories listed. 16 [PROPOSED] ORDER 17 Pursuant to the parties’ Stipulation, and good cause appearing, IT IS 18 19 HEREBY ORDERED THAT:  20 The deadline for Plaintiff to file her Motion for Final Approval is 21 continued from May 26, 2017 to June 9, 2017, and that the Final Hearing [remain 22 scheduled as set for July 13, 2017, at 2:00 p.m.], or [be continued 23 to .] 24 25 IT IS SO ORDERED. 26 27 28 May 25, 2017 DATED: ______________________ Hon. Jon S. Tigar United States District Court Judge 2 STIPULATION TO CONTINUE BRIEFING SCHEDULE

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