Martin et al v. New United Motor Manufacturing Inc.

Filing 52

STIPULATION AND ORDER re 50 Stipulation, filed by New United Motor Manufacturing Inc. Signed by Judge Phyllis J. Hamilton on 10/30/08. (nah, COURT STAFF) (Filed on 10/30/2008)

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MARLENE S. MURACO, Bar No. 154240 [e-mail] ERICA H. KELLEY, Bar No. 221702 [e-mail] LITTLER MENDELSON A Professional Corporation 50 West San Fernando Street 15th Floor San Jose, CA 95113.2303 Telephone: [phone] Attorneys for Defendant NEW UNITED MOTOR MANUFACTURING, INC. JAMES M. FINBERG, Bar No. 114850 [e-mail] EVE H. CERVANTEZ, Bar No. 164709 [e-mail] LINDA LYE, Bar No. 215584 [e-mail] JENNIFER SUNG, Bar No. 254741 [e-mail] ALTSHULER BERZON LLP 177 Post Street, Suite 300 San Francisco, CA 94108 Telephone: [phone] Attorneys for Plaintiffs DAVID MARTIN, PERRY DEAN, DONALD ALEXANDER, ANTHONY SILVA, and the proposed Plaintiff Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DAVID MARTIN, PERRY DEAN, DONALD ALEXANDER, AND ANTHONY SILVA, on behalf of themselves and a class of those similarly situated,, Plaintiffs, v. NEW UNITED MOTOR MANUFACTURING, INC., Defendant.

Case No. C07-03887 PJH MODIFIED STIPULATION AND [PROPOSED] ORDER CONTINUING THE FINAL APPROVAL HEARING, MODIFYING SECTION XI.A.2 OF THE JOINT STIPULATION OF CLASS SETTLEMENT AND CLASS SETTLEMENT AGREEMENT AND RELEASE AND AUTHORIZING NOTICE OF SETTLEMENT TO NEWLYDISCOVERED CLASS MEMBERS

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(NO. C07-03887 PJH) STIP & ORDER CONTINUING FINAL APPROVAL HEARING AND MODIFYING SETTLEMENT AGREEMENT

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This Stipulation is entered into by and between David Martin, Perry Dean, Donald Alexander, and Anthony Silva (collectively "Plaintiffs"), by and through their undersigned counsel, and New United Motor Manufacturing, Inc. ("NUMMI"), by and through its undersigned counsel. Plaintiffs and NUMMI are collectively referred to herein as the "Parties." RECITALS WHEREAS, the Court preliminarily approved the settlement in this case on July 30, 2008, including the terms of the Joint Stipulation of Class Settlement and Class Settlement Agreement and Release ("Settlement Agreement") filed by the Parties on July 15, 2008 (Docket No. 29) and subsequently modified by the Parties on August 22, 2008 (Docket No. 34) and October 21, 2008 (Docket No. 49); WHEREAS, the Court scheduled a hearing to determine whether to grant final approval of the Settlement (the "Final Approval Hearing") for October 29, 2008, at 9:00 a.m.; WHEREAS, following a recent inquiry by the Court, the Parties realized that Defendant had failed to send notice to appropriate State and Federal officials as required by the Class Action Fairness Act ("CAFA"), 28 U. S. C. §1715(b) ("CAFA Notice"); WHEREAS, the Parties recently discovered that there are three individuals who should have been included in the class but who have not yet received notice of the settlement of this matter because Defendant inadvertently left them off the class list provided to the Settlement Administrator; WHEREAS, Defendant requested, and Plaintiffs agreed, to continue the Final Approval Hearing to permit Defendant to send the required CAFA Notice to the appropriate State and Federal officials and to permit the three newly-discovered class members to be informed of the settlement in this matter and to have an opportunity to file a claim, opt out of the settlement, or object to the settlement; WHEREAS, the Parties want to accomplish the foregoing goals without delaying the disbursement of the settlement funds any longer than is absolutely necessary; WHEREAS, Section XI.A.2 of the Settlement Agreement currently states that NUMMI or the Settlement Administrator will distribute to every Claimant his or her Settlement
(NO. C07-03887 PJH)

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STIP & ORDER CONTINUING FINAL APPROVAL HEARING AND MODIFYING SETTLEMENT AGREEMENT

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Share within sixty (60) days after the Final Approval Order becomes Final; WHEREAS, the Parties agree that in order to minimize the delay in distribution of the settlement funds that will be caused by the requested continuance of the Final Approval Hearing, Section XI.A.2 of the Settlement Agreement should be modified to provide that NUMMI or the Settlement Administrator will distribute to every Claimant his or her Settlement Share within seven (7) days after the Final Approval Order becomes Final; THEREFORE, the Parties stipulate and agree as follows: STIPULATION AND AGREEMENT 1. 2009; 2. Defendant shall send notice to the appropriate State and Federal officials as The Final Approval Hearing shall be continued to 9:00 a.m. on January 28,

required by the Class Action Fairness Act on October 29, 2008; 3. On or before November 7, 2008, Defendant shall file a declaration with the

Court attesting that the CAFA Notice was sent to the appropriate officials, as required by this Stipulation; 4. On October 31, 2008, the Settlement Administrator shall send notice of the

Class Settlement to the three individuals who were recently identified as being members of the class; 5. The notice provided to the newly-discovered class member shall indicate that

they have 45-days to either object to the settlement or opt-out of it (i.e., until December 15, 2008) and that they have 60-days to submit a claim form (i.e., until December 30, 2008) but shall otherwise be identical to the notice sent to all other class members and previously approved by this Court; 6. Section XI.A.2 of the Settlement Agreement shall be modified to read as

follows: "Within seven (7) days after the Final Approval Order becomes Final, NUMMI or the Settlement Administrator will distribute to every Claimant his or her Settlement Share, which will be calculated for each Claimant as follows:" two Plaintiffs shall file a status update with the Court one week prior to the Final 14 Approval Hearing, on January 21, 2008. 7. //
(NO. C07-03887 PJH)

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STIP & ORDER CONTINUING FINAL APPROVAL HEARING AND MODIFYING SETTLEMENT AGREEMENT

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Dated: October 28, 2008

/s/ Marlene S. Muraco MARLENE S. MURACO LITTLER MENDELSON A Professional Corporation Attorneys for Defendant NEW UNITED MOTOR MANUFACTURING, INC. Dated: October 28, 2008

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(NO. C07-03887 PJH)

/s/ Eve H. Cervantez EVE H. CERVANTEZ ALTSHULER BERZON LLP Attorneys for Plaintiffs DAVID MARTIN, PERRY DEAN, DONALD ALEXANDER, ANTHONY SILVA, and the proposed Plaintiff Class

ORDER The foregoing Stipulation is approved, and IT IS SO ORDERED.

Dated: 10/30/08

S DISTRICT TE C TA ______________________________________

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Hon. Phyllis J. Hamilton United States DistrictERED Judge

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