Holmby v. Cardinal Logistics Management Corporation

Filing 32

STIPULATION AND ORDER 31 Joint Notice of Tentative Settlement and Joint Request to Vacate Existing Dates. Signed by Judge Richard Seeborg on 3/21/16. (cl, COURT STAFF) (Filed on 3/21/2016)

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MARLIN & SALTZMAN, LLP
Stanley D. Saltzman, Esq. (SBN 90058)
Christina A. Humphrey, Esq. (SBN 226326)
Tina Mehr, Esq. (SBN 226326)
29229 Canwood Street, Suite 208
Agoura Hills, California 91301
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs
(Additional attorneys on next page)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUSTIN HOLMBY and RUBEN SILVA on
behalf of themselves and all others similarly
situated,

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Plaintiffs,
v.
CARDINAL LOGISTICS MANAGEMENT
CORPORATION,

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Defendant.

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CASE NO. 15-cv-03382-RS
CLASS ACTION
JOINT NOTICE OF TENTATIVE
SETTLEMENT AND JOINT REQUEST
TO VACATE EXISTING DATES ;
[PROPOSED] ORDER

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Joint Notice of Settlement and Request to Vacate Existing Dates; [Proposed] Order
Case No. 15-cv-03382-RS

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Additional Attorneys for Plaintiffs:

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TOWER LEGAL GROUP, PC
James A. Clark, Esq. (SBN 278372)
1510 J Street, Suite 125
Sacramento, California 95814
Telephone: [phone]
Facsimile:
[phone]
[e-mail]

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THE TURLEY LAW FIRM, APLC
William Turley, Esq. (SBN 122408)
[e-mail]
David Mara, Esq. (SBN 230498)
[e-mail]
7428 Trade Street
San Diego, California 92121
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants:

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THEODORA ORINGHER PC
Drew R. Hansen, Esq. (SBN 218382)
[e-mail]
Walter Pena, Esq. (SBN 247469)
[e-mail]
Kenneth E. Johnson, Esq. (SBN 115814)
[e-mail]
535 Anton Boulevard, Ninth Floor
Costa Mesa, California 92626-7109
Telephone:
[phone]
Facsimile:
[phone]

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Joint Notice of Settlement and Request to Vacate Existing Dates; [Proposed] Order
Case No. 15-cv-03382-RS

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TO THE HONORABLE COURT AND CLERK OF THE COURT:

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Plaintiffs, JUSTIN HOLMBY and RUBEN SILVA (hereinafter “Plaintiffs”), on behalf of

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themselves and all others similarly situated, and Defendant CARDINAL LOGISTICS

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MANAGEMENT CORPORATION (“Defendant”), by and through their respective attorneys of

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record, hereby recite and stipulate as follows:
RECITALS

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WHEREAS, the Parties participated in a mediation for two days on February 26, 2016 with
mediator Michael Dickstein;
WHEREAS, following protracted negotiations the parties have reached a tentative
settlement of the within action;
WHEREAS, at the conclusion of the mediation a Memorandum of Understanding (“MOU”),
memorializing and reflecting the terms of the agreement was agreed.

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WHEREAS, defendant, its attorneys of record and counsel on behalf of plaintiffs have fully

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executed a binding settlement as a Memorandum of Understanding on February 29, 2016 (“MOU”)

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as described.

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WHEREAS, the Parties acknowledge and agree and commit to work in a good faith effort to

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reach a final settlement agreement regarding any additional terms within thirty (30) days after

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execution of the MOU.

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WHEREAS, plaintiffs intend to file a motion for preliminary approval of the class action
settlement on or before April 29, 2016.

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WHEREAS, judicial economy would be served by vacating the existing dates, including a

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CMC currently scheduled for April 7, 2016, at 10 a.m., with the Court setting future dates as it feels

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are necessary.

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STIPULATION AND REQUEST

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NOW THEREFORE, the parties hereby stipulate and respectfully propose as follows:

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1. That the Court vacate the Case Management Conference set for April 7, 2016, with the

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Court setting future dates as it feels are necessary.

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Joint Notice of Settlement and Request to Vacate Existing Dates; [Proposed] Order
Case No. 15-cv-03382-RS

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2. That the Parties be accorded until April 29, 2016 to file the Motion for Preliminary
Approval of Class Action Settlement.

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SO REQUESTED AND STIPULATED:

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DATED: March 18, 2016

MARLIN & SALTZMAN, LLP
TOWER LEGAL GROUP, PC

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By: /s/ Christina A. Humphrey
Christina A. Humphrey, Esq.
James A. Clark, Esq.
Attorneys for Plaintiffs

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DATED: March 18, 2016

THE TURLEY LAW FIRM, A PLC

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By: /s/ Dave Mara
William Turley, Esq.
David Mara, Esq.
Attorneys for Plaintiffs

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DATED: March 18, 2016

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By: /s/ Thomas P. Gies
Thomas P. Gies, Esq.
Attorney for Defendants

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CROWELL & MORING LLP

DATED: March 18, 2016

THEODORA ORINGHER PC

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By: /s/ Drew R. Hansen
Drew R. Hansen, Esq.
Attorney for Defendants

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SIGNATURE ATTESTATION

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In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
document has been obtained from the signatories on this e-filed document.
DATED: March 18, 2016

By: /s/ Christina A. Humphrey
Christina A. Humphrey, Esq.

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Joint Notice of Settlement and Request to Vacate Existing Dates; [Proposed] Order
Case No. 15-cv-03382-RS

[PROPOSED] ORDER

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PURSUANT TO THE STIPULATION OF THE PARTIES, and finding good cause therein,
IT IS ORDERED that:

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1. The Case Management Conference set for April 7, 2016 is now vacated along with any

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deadlines associated with said date. The Court will set any future dates as is deemed

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necessary.

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2. The deadline for Plaintiff to file the Motion for Preliminary Approval of Class Action

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Settlement is set for April 29, 2016, based on the agreed to terms of the Memorandum of

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Understanding executed by the parties.

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DATED: ___________________
3/21/16

HON. YVONNE GONZALEZ ROGERS RICHARD SEEBORG
UNITED STATES COURT JUDGE

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Joint Notice of Settlement and Request to Vacate Existing Dates; [Proposed] Order
Case No. 15-cv-03382-RS