Smith et al v. Wal-Mart Stores, Inc.

Filing 390

ORDER by Judge Saundra Brown Armstrong GRANTING #383 Motion for Leave to File Excess Pages. Plaintiffs are permitted to file points and authorities in support of their Motion for Preliminary Approval that do not exceed 30 pages in length. (lrc, COURT STAFF) (Filed on 5/19/2010) Modified on 5/20/2010 (jlm, COURT STAFF).

1 Louis M. Marlin, Esq. [Bar No. 054053] Stanley D. Saltzman, Esq. [Bar No. 090058] 2 MARLIN & SALTZMAN 3200 El Camino Real, Suite 100 3 Irvine, CA 92602 [phone] Fax: [phone] [e-mail] [e-mail] 5 Peter M. Hart [Bar No. 198691] 6 LAW OFFICES OF PETER M. HART 13952 Bora Bora Way, F-320 7 Marina Del Rey, CA 90292 [phone] Fax: [phone] [e-mail]

BAILEY PINNEY PC 1498 S.E. Tech Center Place, Suite 290 Vancouver, Washington 98683 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail]

9 Attorneys For Plaintiffs and the Proposed Plaintiff Class 10 11 12 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case Numbers: CLASS ACTION ADMINISTRATIVE MOTION FOR LEAVE TO F I L E MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT THAT EXCEEDS APPLICABLE PAGE LIMITATION; DECLARATION IN SUPPORT THEREOF; STIPULATION THERETO BY DEFENDANT; ORDER C 06 02069 SBA

13 In Re WAL-MART STORES, INC. WAGE ] ] AND HOUR LITIGATION 14 ] ] 15 __________________________________ ] ] 16 This Document Relates To: ] ] 17 Case Nos. ] ] 18 C 06 02069 SBA (Smith) and ] CV 06 05411 (SBA) Ballard ] 19 ] ] 20 __________________________________ ] 21 22

Comes now the plaintiffs, for themselves and on behalf of the proposed plaintiff class, and,

23 pursuant to Civil Local Rules, Rules 7-11, and 7-4, move this Court for leave to file points and 24 authorities in support of their motion for preliminary approval of class settlement which exceed the 25 applicable 25-page limit established by Rule 7-4 by five pages (for a total of 30 pages). Defendant 26 has stipulated to the relief requested, which stipulation is set forth below. 27 28 _____________________________________________________________________________
Administrative Motion for Leave to File Points & Authorities Exceeding Applicable Page Limits; Supporting Declaration; Stipulation; Proposed Order C 06-02069 SBA (BZ)

In support thereof, plaintiffs submit the following:

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I.

Good Cause Exists For the Requested Relief.

Plaintiffs' motion for preliminary approval is due today, May 11, 2010. While plaintiffs have

3 attempted in earnest and good faith to limit the points and authorities that support their motion to 25 4 pages, the issues to be addressed by the motion are simply too many and too complex to fit within that 5 page limit. The brief includes a detailed discussion of the nature of the case and history of 6 proceedings, a description of the settlement terms, a motion to certify a settlement class, a summary 7 of the proposed claims administration procedure, including class notice, and a description of the 8 attorneys' fees and class representative enhancement awards being sought, including a summary of 9 the justification therefore. Plaintiffs have edited their points and authorities to the maximum extent 10 possible, while still providing enough information so that this Court can make a meaningful 11 determination on the merits, as well as provide proper notice of the relief being sought, and still the 12 points and authorities total 30 pages. Therefore, plaintiffs respectfully requests leave to file points and 13 authorities in support of their motion for preliminary approval up to 30 pages in length. 14 15 II. Defendants Have No Objection to the Requested Relief.

Defense counsel has no objection to, and stipulates to the relief requested herein, which

16 stipulation is set forth below. 17 Wherefore, plaintiffs, on behalf of themselves and the proposed plaintiff class, seek leave of

18 court to file a memorandum of points and authorities in support of their motion for preliminary 19 approval up to 30 pages in length, and for such additional relief as this Court shall deem proper. 20 Dated: May 11, 2010 21 22 23 24 25 26 27 28 _____________________________________________________________________________
Administrative Motion for Leave to File Points & Authorities Exceeding Applicable Page Limits; Supporting Declaration; Stipulation; Proposed Order C 06-02069 SBA (BZ)

MARLIN & SALTZMAN, LLP LAW OFFICES OF PETER M. HART BAILEY PINNEY, PC By: __________________________ Louis M. Marlin of Marlin & Saltzman Attorneys for Plaintiffs and the Class

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DECLARATION OF LOUIS M. MARLIN IN SUPPORT OF ADMINISTRATIVE MOTION FOR LEAVE TO FILE POINTS AND AUTHORITIES THAT EXCEED APPLICABLE PAGE LIMITS I, Louis M. Marlin, declare: I am a principle of Marlin & Saltzman, LLP, counsel herein for plaintiffs and the plaintiff

6 class. 7 2. The facts set forth above in support of the administrative motion for leave to file points and

8 authorities that exceed the applicable page limit are true and correct, and based on my personal 9 knowledge. I have personally drafted and prepared the points and authorities, and the issues to be 10 addressed therein are too many, and too complex to fit within 25 pages, and still provide enough 11 information for the Court to consider, and to provide notice of the relief being sought. 12 3. I have spoken with defendant's attorneys about this matter, who have stated that they have no

13 objection to the relief herein requested, as reflected in the stipulation set forth below. 14 I declare under penalty of perjury that the above, and the facts set forth in the administrative

15 motion, are true and correct. Executed this 11th day of May, 2010, at Irvine, California. 16 17 18 19 20 21 22 23 24 25 26 27 28 _____________________________________________________________________________
Administrative Motion for Leave to File Points & Authorities Exceeding Applicable Page Limits; Supporting Declaration; Stipulation; Proposed Order C 06-02069 SBA (BZ)

_______________________________________ Louis M. Marlin

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STIPULATION TO PLAINTIFFS' ADMINISTRATIVE MOTION FOR LEAVE TO FILE POINTS AND AUTHORITIES THAT EXCEED APPLICABLE PAGE LIMITS

The undersigned, counsel herein for defendant Wal-Mart Stores, Inc., stipulate to the relief

5 herein requested, and specifically, that plaintiffs be given leave to file points and authorities in support 6 of their motion for preliminary approval up to 30 pages in length. 7 8 Dated: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _____________________________________________________________________________
Administrative Motion for Leave to File Points & Authorities Exceeding Applicable Page Limits; Supporting Declaration; Stipulation; Proposed Order C 06-02069 SBA (BZ)

__________________________________________ Julian W. Poon, Esq. Gibson, Dunn and Crutcher

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[PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION FOR LEAVE TO FILE POINTS AND AUTHORITIES THAT EXCEED APPLICABLE PAGE LIMITS This matter having come before the Court on the administrative motion of plaintiffs to file

4 point and authorities up to 30 pages in length in support of their motion for preliminary approval of 5 class actions settlement, and the Court having given the matter due consideration, the Court does 6 hereby grant said motion. Plaintiffs are permitted to file points and authorities in support of their 7 motion for preliminary approval that do not exceed 30 pages in length. 8 9 Dated: 5/17/10 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _____________________________________________________________________________
Administrative Motion for Leave to File Points & Authorities Exceeding Applicable Page Limits; Supporting Declaration; Stipulation; Proposed Order C 06-02069 SBA (BZ)

__________________________________________ Hon. Saundra B. Armstrong United States District Court Judge

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