Maria Karla Terraza v. Safeway Inc. et al

Filing 242

ORDER TO STAY TRIAL DEADLINES AS TO THE SAFEWAY DEFENDANTS re (235 in 3:16-cv-03994-JST) STIPULATION WITH PROPOSED ORDER NOTICE OF SETTLEMENT AS TO THE SAFEWAY DEFENDANTS; STIPULATION AND [PROPOSED] ORDER TO STAY TRIAL DEADLINES AS TO THE S AFEWAY DEFENDANTS, (144 in 3:16-cv-04903-JST) STIPULATION WITH PROPOSED ORDER NOTICE OF SETTLEMENT AS TO THE SAFEWAY DEFENDANTS; STIPULATION AND [PROPOSED] ORDER TO STAY TRIAL DEADLINES AS TO THE SAFEWAY DEFENDANTS. Signed by Judge Jon S. Tigar on April 26, 2019. (wsnS, COURT STAFF) (Filed on 4/26/2019)

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1 2 3 4 5 6 7 8 9 Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 11 12 R. Bradford Huss, No. 71303 Angel L. Garrett, No. 255682 Dylan D. Rudolph, No. 278707 TRUCKER  HUSS A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, CA 94111 Telephone: (415) 788-3111 Facsimile: (415) 421-2017 E-mail: bhuss@truckerhuss.com agarrett@truckerhuss.com drudolph@truckerhuss.com Joseph C. Faucher, No. 137353 TRUCKER  HUSS A Professional Corporation 15821 Ventura Blvd., Suite 510 Los Angeles, California 91463 Telephone: (213) 537-1016 Facsimile: (213) 537-1020 E-mail: jfaucher@truckerhuss.com Attorneys for Defendants THE SAFEWAY DEFENDANTS 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO) 15 16 MARIA KARLA TERRAZA, individually and on behalf of the SAFEWAY 401(k) Plan, 17 18 Related Cases: No. 3:16-cv-03994-JST No. 3:16-cv-04903-JST Plaintiff, NOTICE OF SETTLEMENT AS TO THE SAFEWAY DEFENDANTS; STIPULATION AND [PROPOSED] ORDER TO STAY TRIAL DEADLINES AS TO THE SAFEWAY DEFENDANTS vs. 19 SAFEWAY INC., et al., 20 Defendants. 21 Judge: Hon. Jon S. Tigar Trial Date: May 7, 2019 22 23 DENNIS M. LORENZ, on behalf of the Safeway 401(k) Plan, Plaintiff, 24 25 26 27 vs. SAFEWAY INC., et al., Defendants. 28 1 NOTICE OF SETTLEMENT AS TO SAFEWAY DEFENDANTS AND STIPULATION TO STAY AS TO SAFEWAY DEFENDANTS; Case Nos. 3:16-cv-03994-JST; 3:16-cv-04903-JST 1 NOTICE OF SETTLEMENT AND STIPULATION TO STAY 2 Pursuant to Northern District Civil Local Rules 6-1, 6-2, 7-12, and 40-1, Plaintiffs Maria 3 Karla Terraza (“Terraza”) and Dennis M. Lorenz (“Lorenz”) (Terraza and Lorenz are collectively 4 referred to as “Plaintiffs”), and Defendants Safeway Inc., the Safeway Benefit Plans Committee, 5 Peter J. Bocian, David F. Bond, Michael J. Boylan, Robert B. Dimond, Laura A. Donald, Dennis J. 6 Dunne, Robert L. Edwards, Bradley S. Fox, Bernard L. Hardy, Russell M. Jackson, Peggy Jones, 7 Suz-Ann Kirby, Robert Larson, Melissa C. Plaisance, Paul Rowan, and Andrew J. Scoggin 8 (collectively, the “Safeway Defendants”) (Plaintiffs and the Safeway Defendants are collectively 9 referred to as the “Settling Parties”) file this Notice of Settlement as to the Safeway Defendants and Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 Stipulation to Stay All Trial Deadlines as to the Safeway Defendants1 in the above-captioned 11 lawsuits for ninety (90) days as follows: 12 13 WHEREAS, the Settling Parties have reached an agreement in principle to settle the abovecaptioned lawsuits; 14 WHEREAS, the Settling Parties will jointly stipulate for leave to allow Plaintiffs to amend 15 their operative complaints to assert class action allegations against the Safeway Defendants under 16 Federal Rule of Civil Procedure 23; WHEREAS, Plaintiffs will move, and the Safeway Defendants will not oppose Plaintiffs’ 17 18 motion to certify the class; 19 20 WHEREAS, Plaintiffs anticipate needing 90 days to file and have heard a motion for preliminary approval of the class action settlement; 21 WHEREAS, trial in the above-captioned lawsuits is currently set for May 7, 2019; 22 WHEREAS, the Settling Parties have conferred and agreed, subject to the Court’s approval, 23 to stay the current trial deadlines as to the Safeway Defendants for 90 days; 24 WHEREAS, staying the current trial deadlines would avoid unnecessary expenses and fees 25 while the Settling Parties finalize their settlement, Plaintiffs seek leave to amend their operative 26 complaints to assert class action allegations against the Safeway Defendants, and Plaintiffs prepare 27 1 28 Defendant Aon Hewitt Investment Consulting Inc. remains an active defendant in the Terraza lawsuit and is not a party to the subject settlement in principle. 2 NOTICE OF SETTLEMENT AS TO SAFEWAY DEFENDANTS AND STIPULATION TO STAY AS TO SAFEWAY DEFENDANTS; Case Nos. 3:16-cv-03994-JST; 3:16-cv-04903-JST 1 2 a motion for preliminary approval of the class action settlement; NOW, THEREFORE, by and through the undersigned counsel, the Settling Parties stipulate 3 and agree, subject to the Court’s approval, that all current trial deadlines should be stayed for 90 4 days as to the Safeway Defendants only. 5 IT IS SO STIPULATED. 6 DATED: April 23, 2019 TRUCKER  HUSS, APC 7 By: /s/ R. Bradford Huss R. Bradford Huss Joseph C. Faucher Angel L. Garrett Dylan D. Rudolph Attorneys for the SAFEWAY DEFENDANTS 8 9 Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 11 12 DATED: April 23, 2019 SHEPHERD FINKELMAN MILLER & SHAH, LLP 13 By: /s/ James E. Miller James E. Miller Laurie Rubinow Attorneys for Plaintiff MARIA KARLA TERRAZA 14 15 16 17 DATED: April 23, 2019 18 19 By: /s/ James A. Bloom Todd M. Schneider Jason H. Kim James A. Bloom Attorneys for Plaintiff DENNIS M. LORENZ 20 21 22 23 SCHNEIDER WALLACE COTTRELL KONECKY WOTKYNS, LLP I attest that my firm has obtained concurrence in the filing of this document from James E. 24 Miller and James A. Bloom. 25 DATED: April 23, 2019 TRUCKER  HUSS, APC 26 27 28 By: /s/ R. Bradford Huss R. Bradford Huss Attorneys for the SAFEWAY DEFENDANTS 3 NOTICE OF SETTLEMENT AS TO SAFEWAY DEFENDANTS AND STIPULATION TO STAY AS TO SAFEWAY DEFENDANTS; Case Nos. 3:16-cv-03994-JST; 3:16-cv-04903-JST 1 2 [PROPOSED] ORDER Pursuant to the Settling Parties’ Notice of Settlement as to the Safeway Defendants and 3 Stipulation to Stay All Trial Deadlines as to the Safeway Defendants, and for good cause shown, the 4 Court will stay all trial deadlines as to the Safeway Defendants only for ninety (90) days. 5 6 PURSUANT TO STIPULATION, IT IS SO ORDERED. 7 8 9 DATED: April 26, 2019 Hon. Jon S. Tigar Judge of the United States District Court Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 NOTICE OF SETTLEMENT AS TO SAFEWAY DEFENDANTS AND STIPULATION TO STAY AS TO SAFEWAY DEFENDANTS; Case Nos. 3:16-cv-03994-JST; 3:16-cv-04903-JST

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