Jarell v. Amerigas Propane, Inc.
Filing
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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)
shaun@setarehlaw.com
H. Scott Leviant (SBN 200834)
scott@setarehlaw.com
SETAREH LAW GROUP
9454 Wilshire Boulevard, Suite 907
Beverly Hills, California 90212
Telephone:
(310) 888-7771
Facsimile:
(310) 888-0109
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Attorneys for Plaintiff JIMMIE JARRELL
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Joseph D. Lee (State Bar No. 110840)
joseph.lee@mto.com
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue, Thirty-Fifth Floor
Los Angeles, CA 90071-1560
Tel.: (213) 683-9100 / Fax: (213) 687-3702
Malcolm A. Heinicke (State Bar No. 194174)
malcom.heinicke@mto.com
MUNGER, TOLLES & OLSON LLP
560 Mission Street
San Francisco, CA 94105-2907
Tel.: (415) 512-4029 / Fax: (415) 644-6929
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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
Page 1
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
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