Jarell v. Amerigas Propane, Inc.

Filing 36

STIPULATION AND ORDER re 35 STIPULATION WITH PROPOSED ORDER filed by Jimmie Jarell. Further Case Management Conference set for 5/24/2017 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on April 17, 2017. (wsn, COURT STAFF) (Filed on 4/17/2017)

1 JOSEPH D. LEE (State Bar No. 110840)
[e-mail]
2 MUNGER, TOLLES & OLSON LLP
350 South Grand Avenue, 50th Floor
3 Los Angeles, California 90071-3426
Tel.: [phone] / Fax: [phone]
4
MALCOM A. HEINICKE (State Bar No. 194174)
5 [e-mail]
AARON D. PENNEKAMP (State Bar No. 290550)
6 [e-mail]
MUNGER, TOLLES & OLSON LLP
7 560 Mission Street, 27th Floor
San Francisco, CA 94105-2907
8 Tel.: [phone] / Fax: [phone]
9 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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14 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
18 corporation; and DOES 1 through 50,
inclusive,
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Defendants.
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Case No. 3:16-CV-01481-JST
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER THEREON
Judge: Hon. Jon S. Tigar
Date: April 26, 2017
Time: 2:00 p.m.
Courtroom: Courtroom 9 – 19th Fl.
Judge: Hon. Jon S. Tigar

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3:16-CV-01481-JST
STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

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

2 (collectively, the “Parties”), by and through their respective counsel of record, hereby stipulate and
3 agree as follows:
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A. ADR Status

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As previously reported to the Court, the parties reached a settlement of this wage and hour

6 class action in a mediation conducted before Mark Rudy, of Rudy, Exelrod, Zieff & Lowe LLP, a
7 professional mediator with substantial experience in the specialized field of wage and hour class
8 action litigation and mediation. At the conclusion of the mediation, a Memorandum of
9 Understanding was signed, identifying the major terms of the settlement. Counsel for AmeriGas
10 have prepared a first draft of the settlement documents, including a long form settlement
11 agreement, proposed forms for notice to the settlement class members, and proposed preliminary
12 and final approval orders. Class counsel are presently reviewing and commenting on the
13 settlement documents and are preparing a motion for preliminary approval of the settlement.
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This Court, by order dated February 7, 2017, scheduled a Case Management Conference

15 for April 26, 2017 (“the New Case Management Conference”). The Court further ordered that if a
16 Motion for Preliminary Approval has been filed at least seven days prior to that date, the New
17 Case Management Conference shall be continued to the date set for hearing of the Motion for
18 Preliminary Approval.
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By this stipulation, the Parties jointly request an additional three weeks within which to

20 finalize the settlement documents and submit a motion for preliminary approval to the Court.
21 Such period is necessary in order to resolve any remaining issues respecting the form of the
22 settlement documents, and to give class counsel sufficient time to draft the preliminary approval
23 motion.
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B. Stipulation

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In view of the foregoing, the Parties hereby stipulate and agree as follows:

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1. The April 26, 2017 Case Management Conference is vacated.

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2. A Case Management Conference is scheduled for May 17, 2017 (“the New Case

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Management Conference”). If a Motion for Preliminary Approval has been filed at
-2STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

3:16-CV-01481-JST

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least seven days prior to the date set for the New Case Management Conference, the

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New Case Management Conference shall be continued from the date set pursuant to

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this Order to the date set for hearing of the Motion for Preliminary Approval.

4 IT IS SO STIPULATED.
5 DATED: April 14, 2017
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SETAREH LAW GROUP, PC
SHAUN SETAREH
H. SCOTT LEVIANT

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/s/ H. Scott Leviant

By:

H. SCOTT LEVIANT

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Attorneys for Plaintiff JIMMIE JARRELL

11 DATED: April 14, 2017

MUNGER, TOLLES & OLSON LLP
JOSEPH D. LEE
MALCOLM A. HEINICKE
AARON D. PENNEKAMP

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By:

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JOSEPH D. LEE
Attorneys for Defendant AMERIGAS PROPANE, INC.

/s/ Joseph D. Lee

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CERTIFICATION PURSUANT TO CIVIL LOCAL RULE 5.5-1(i)(3)

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Pursuant to Civil L.R. 5.5-1(i)(3), I, H. Scott Leviant, certify that I have obtained the

20 concurrence of all of the other signatories listed below to file this document.
21 Dated: April 14, 2017

SETAREH LAW GROUP

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By:

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/s/ H. Scott Leviant
H. Scott Leviant

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33800854.1

-3STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

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[PROPOSED] ORDER

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

3 (collectively, the “Parties”), entered into a Joint Stipulation to continue the April 26, 2017 Case
4 Management Conference following a provisional class action settlement. After considering the
5 Stipulation of the Parties, the facts upon which the Stipulation is based, and good cause appearing,
6 it is hereby ORDERED that:
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1. The April 26, 2017 Case Management Conference is vacated.
May 24, 2017
2. A Case Management Conference is scheduled for May 17, 2017 (“the New Case

9 Management Conference”). If a Motion for Preliminary Approval has been filed at least seven
10 days prior to the date set for the New Case Management Conference, the New Case Management
11 Conference shall be continued from the date set pursuant to this Order to the date set for hearing of
12 the Motion for Preliminary Approval. The Court will not continue the CMC further.
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IT IS SO ORDERED.

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14 Dated: April __, 2017
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___________________________
Hon. Jon S. Tigar
UNITED STATES DISTRICT JUDGE

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33800854.1

-4STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE