Wamboldt v. Safety-Kleen Systems, Inc.

Filing 127

STIPULATION AND ORDER re 126 Stipulation filed by Safety-Kleen Systems, Inc.. Signed by Judge Phyllis J. Hamilton on 12/10/08. (nah, COURT STAFF) (Filed on 12/10/2008)

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SEYFARTH SHAW LLP Robert W. Tollen (SBN 038875) [e-mail] Kevin J. Lesinski (SBN 110862) [e-mail] Allison B. Moser (SBN 223065) [e-mail] 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant SAFETY-KLEEN SYSTEMS, INC.

UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

STEVEN WAMBOLDT, on behalf of himself, ) Case No. CV 07 00884 PJH those similarly situated and on behalf of the ) general public, ) STIPULATION AND [PROPOSED] ) ORDER Plaintiff, ) ) v. ) ) SAFETY-KLEEN SYSTEMS, INC., a ) Wisconsin corporation, and DOES 1 through ) 100, inclusive, ) ) Defendant. ) )

WHEREAS, on June 20, 2008, Safety-Kleen submitted a list of names and addresses to the Administrator that was intended as a list of members of the class herein, and the Administrator subsequently mailed class action notices and requests for exclusion to each person on the list; WHEREAS, in preparing a list of class members in the related case of Perez v. SafetyKleen, No. 05-5338 PJH in this Court, Safety-Kleen discovered a number of errors on the original list, specifically 44 names that did not belong on the list and 33 names that should have been on it, but were not; 1
STIPULATION AND [PROPOSED] ORDER - Case No. CV 07-00884 PJH

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NOW THEREFORE, it is hereby stipulated among the parties hereto that the Court may order the following: 1. Safety-Kleen shall submit to the Administrator a list of the names that were on the

original list and should not have been and a list of the names that were not on the list, but should have been. 2. The persons originally included on the list who should not have been shall be

disregarded in all further proceedings in this matter. In the event any of them inquires of the Administrator, the Administrator shall inform such persons that they had been mistakenly sent the notice and that they are not part of the proceedings. 3. The persons erroneously omitted from the original list shall be sent copies of the

class notice and request for exclusion following the same procedures previously followed, except that the deadline for responding shall be inserted by the Administrator and shall be 30 days from the date of mailing, unless that date falls on a Saturday, Sunday or holiday, in which case it shall be the next non-Saturday, Sunday or holiday.

DATED: December 4, 2008

THE LAW OFFICE OF DONALD S. EDGAR THE LAW OFFICE OF BARRON RAMOS HENDERSON, CAVERLY, PUM & CHARNEY LLP By /s/ Jeremy R. Fietz Attorneys for Plaintiffs

DATED: December 4, 2008

SEYFARTH SHAW LLP Robert W. Tollen Kevin J. Lesinski Allison B. Moser By /s/ Attorneys for Defendant SAFETY-KLEEN SYSTEMS, INC.

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STIPULATION AND [PROPOSED] ORDER - Case No. CV 07-00884 PJH

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IT IS SO ORDERED.

December 10 DATED: _________________, 2008

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