Martin et al v. New United Motor Manufacturing Inc.

Filing 64

STIPULATION AND ORDER MODIFYING SECTION XI.A.2 OF THE JOINT STIPULATION OF CLASS SETTLEMENT AGREEMENT re 63 Stipulation, filed by New United Motor Manufacturing Inc. Signed by Judge Phyllis J. Hamilton on 2/3/09. (nah, COURT STAFF) (Filed on 2/3/2009)

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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. 114850 [e-mail] ALTSHULER BERZON LLP 177 Post Street, Suite 300 San Francisco, CA 94108 Telephone: [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 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 STIPULATION AND [PROPOSED] ORDER MODIFYING SECTION XI.A.2 OF THE JOINT STIPULATION OF CLASS SETTLEMENT AND CLASS SETTLEMENT AGREEMENT AND RELEASE TO PERMIT DISTRIBUTION OF SETTLEMENT SHARES NINE DAYS AFTER THE FINAL APPROVAL ORDER COLLECTIVE ACTION AND CLASS ACTION

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(NO. C07-03887 PJH)
STIPULATION AND [PROPOSED] ORDER MODIFYING SECTION XI.A.2 OF THE CLASS 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 entered an order finally approving the settlement in this case on January 28, 2009 (Docket No. 60), 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), October 21, 2008 (Docket No. 49) and October 28, 2008 (Docket No. 50); 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 Share within seven (7) days after the Final Approval Order becomes Final; WHEREAS, on the afternoon of January 28, 2009, the Settlement Administrator disclosed to the parties for the first time that there were several Claimants who, during the claims process, had asserted that they did not receive credit for all the time they spent working in Covered Positions; WHEREAS, Defendant NUMMI has researched the assertions of those Claimants and determined that there is one Claimant who should have been credited for time spent working in one position; WHEREAS, this discovery has required the Third Party Administrator to re-calculate the Settlement Shares owed to each Claimant in the class; WHEREAS, the recalculation was completed on the afternoon of February 2, 2009; WHEREAS, due to the delay caused by the research and recalculation processes, the Parties agree that two extra days will be needed to process the Settlement Shares; THEREFORE, the Parties stipulate and agree as follows: // //
(NO. C07-03887 PJH)

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STIPULATION AND [PROPOSED] ORDER MODIFYING SECTION XI.A.2 OF THE CLASS SETTLEMENT AGREEMENT

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Firmwide:88358503.1 048320.1017

STIPULATION AND AGREEMENT 1. Section XI.A.2 of the Settlement Agreement shall be modified to read as

follows: "Within nine (9) 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:"

Dated: February 3, 2009

/s/ Marlene S. Muraco MARLENE S. MURACO LITTLER MENDELSON A Professional Corporation Attorneys for Defendant NEW UNITED MOTOR MANUFACTURING, INC. Dated: February 3, 2009 /s/ Eve H. Cervantez EVE H. CERVANTEZ ALTSHULER BERZON LLP Attorneys for Plaintiffs DAVID MARTIN, PERRY DEAN, DONALD ALEXANDER, ANTHONY SILVA, and the Plaintiff Class

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

Dated: 2/3/09

UNIT ED

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IST Hon. Phyllis J. Hamilton RICT C ES D AT T United States District Judge

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