Jarell v. Amerigas Propane, Inc.

Filing 33

STIPULATION AND ORDER re 32 STIPULATION WITH PROPOSED ORDER and POST-MEDIATION REPORT OF PROVISIONAL CLASS-ACTION SETTLEMENT filed by Jimmie Jarell. Further Case Management Conference set for 4/26/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on February 7, 2017. (wsn, COURT STAFF) (Filed on 2/7/2017)

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Shaun Setareh (SBN 204514)
[e-mail]
H. Scott Leviant (SBN 200834)
[e-mail]
SETAREH LAW GROUP
9454 Wilshire Boulevard, Suite 907
Beverly Hills, California 90212
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff JIMMIE JARRELL

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Joseph D. Lee (State Bar No. 110840)
[e-mail]
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, Thirty-Fifth Floor
Los Angeles, CA 90071-1560
Tel.: [phone] / Fax: [phone]
Malcolm A. Heinicke (State Bar No. 194174)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission Street
San Francisco, CA 94105-2907
Tel.: [phone] / Fax: [phone]

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Attorneys for Defendant AMERIGAS PROPANE, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JIMMIE JARRELL, an individual, on behalf of
himself and all others similarly situated,

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Plaintiff,
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vs.
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AMERIGAS PROPANE, Inc.; a Pennsylvania
corporation; and DOES 1 through 50, inclusive,
Defendants.

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Case No.: 3:16-cv-01481-JST
CLASS ACTION
POST MEDIATION STATEMENT AND
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER
Date:
Time:
Courtroom:
Judge:

February 15, 2017
2:00 p.m.
Courtroom 9 – 19th Fl.
Hon. Jon S. Tigar

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Case No.: 3:16-cv-01481-JST

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Jarrell v. Amerigas Propane, Inc., et al.

POST MEDIATION STATEMENT AND STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

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Plaintiff Jimmie Jarrell (“Plaintiff”) and Defendant AmeriGas Propane, Inc. (“AmeriGas” or

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“Defendant”) (collectively, the “Parties”) hereby submit the following Joint Post-Mediation Statement and

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Stipulation to continue the Case Management Conference scheduled for February 15, 2017.

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I.

ADR Status
As previously reported to the Court, the parties agreed to mediate this case before a professional

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mediator, Mark Rudy, of Rudy, Exelrod, Zieff & Lowe LLP, a mediator with substantial experience in the

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specialized field of wage and hour class action litigation and mediation. The mediation occurred on

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January 25, 2017, and, with the assistance of Mr. Rudy, the Parties agreed to terms of a proposed class

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action settlement that, if approved by this Court, would resolve this action.
At the conclusion of the mediation, a Memorandum of Understanding was signed, identifying the

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major terms of the settlement. Counsel for Defendant have agreed to prepare the first draft of the complete

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set of settlement documents that will include a long form settlement agreement, proposed forms for notice

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to the settlement class members, and proposed preliminary and final approval orders.

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II.

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Stipulation
Based on the foregoing, the Parties hereby stipulate and agree as follows:

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1. That the Court vacate the February 15, 2017 Case Management Conference.

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2. That the Court set a further Management Conference approximately 67 days after the

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February 15, 2017 date currently set for the Conference that will be vacated and continued

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to the hearing date of a Motion for Preliminary Approval if the Motion has been filed at

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least seven days prior to the continued date of the next Case Management Conference and

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the Court is notified of the filing in a Joint Report.

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IT IS SO STIPULATED.

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Dated: February 6, 2017

SETAREH LAW GROUP

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By:

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Shaun Setareh
H. Scott Leviant

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Attorneys for Plaintiff JIMMIE JARRELL

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Case No.: 3:16-cv-01481-JST

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Jarrell v. Amerigas Propane, Inc., et al.

POST MEDIATION STATEMENT AND STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

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Dated: February 6, 2017

MUNGER, TOLLES & OLSON LLP

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By: /s Joseph D. Lee, by permission
Joseph D. Lee
Malcolm A. Heinicke

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Attorneys for Defendant AMERIGAS PROPANE, INC.

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CERTIFICATION PURSUANT TO CIVIL LOCAL RULE 5.5-1(i)(3)
Pursuant to Civil L.R. 5.5-1(i)(3), I, H. Scott Leviant, certify that I have obtained the concurrence
of all of the other signatories listed below to file this document.
Dated: February 6, 2017

SETAREH LAW GROUP

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By:

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H

H. Scott Leviant

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Case No.: 3:16-cv-01481-JST

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Jarrell v. Amerigas Propane, Inc., et al.

POST MEDIATION STATEMENT AND STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

[PROPOSED] ORDER

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Jimmie Jarrell (“Plaintiff”) and Defendant AmeriGas Propane, Inc. (“AmeriGas” or “Defendant”)

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(collectively, the “Parties”), entered into a Joint Stipulation to continue the February 15, 2017 Case

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Management Conference following a provisional class action settlement. After considering the Stipulation

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of the Parties, the facts upon which the Stipulation is based, and good cause appearing, it is hereby

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ORDERED THAT:

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1.

The February 15, 2017 Case Management Conference is vacated.

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2.

A Case Management Conference is scheduled for April 23, 2017 / ___________________,
April 26, 2017

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2017 (“the New Case Management Conference”). If a Motion for Preliminary Approval has been filed at

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least seven days prior to the date set for the New Case Management Conference, and the Court is notified

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of that filing in a Joint Report, the New Case Management Conference shall be continued from the date set

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pursuant to this Order to the date set for hearing of the Motion for Preliminary Approval.
IT IS SO ORDERED.

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Dated:

February 7, 2017
Hon. Jon S. Tigar
UNITED STATES DISTRICT JUDGE

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Case No.: 3:16-cv-01481-JST

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Jarrell v. Amerigas Propane, Inc., et al.

POST MEDIATION STATEMENT AND STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE