Meijer, Inc. et al v. Abbott Laboratories

Filing 505

ORDER Granting 503 Stipulation Waiving Hearing On Plaintiffs 501 Motion For Preliminary Approval Of Settlement, Approval Of Form Of Notice, And Setting Schedule And Final Approval Hearing. Signed by Judge Claudia Wilken on 4/11/2011. (ndr, COURT STAFF) (Filed on 4/11/2011)

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LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
Joseph R. Saveri (SBN 130064)
[e-mail]
Brendan P. Glackin (SBN 199643)
[e-mail]
Sarah R. London (SBN 267083)
[e-mail]
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: [phone]

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Local Counsel for Customer Class Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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MEIJER, INC. & MEIJER DISTRIBUTION,
INC., et al., on behalf of themselves and all
others similarly situated,

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Plaintiffs,

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v.

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ABBOTT LABORATORIES,

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Case No. C 07-5985 CW
STIPULATION AND ORDER
WAIVING HEARING ON
PLAINTIFFS’ MOTION FOR
PRELIMINARY APPROVAL OF
SETTLEMENT, APPROVAL OF
FORM OF NOTICE, AND SETTING
SCHEDULE AND FINAL
APPROVAL HEARING

Defendant.

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Undersigned counsel, on behalf of the Customer Class Plaintiffs and Abbott

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Laboratories (“Abbott”), waive a hearing on Plaintiffs’ unopposed motion for preliminary

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approval of the class settlement between the Customer Class Plaintiffs and Abbott, and request

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that this Court take the matter under submission on the moving papers that are being filed

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concurrently.
WHEREAS, the Customer Class Plaintiffs and Abbott have entered into a

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proposed class settlement agreement, which is the subject of a motion for preliminary approval

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filed today with this Court;
WHEREAS, the motion for preliminary approval shall be unopposed and therefore

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917928.1

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STIPULATION AND [PROPOSED] ORDER
CASE NO. C 07-5985 CW

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no further papers will be filed in conjunction with it;

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WHEREAS, there will be a hearing on the motion for final approval of the
proposed settlement;

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WHEREAS, the Customer Class Plaintiffs and Abbott believe that a hearing on

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this motion for preliminary approval is unnecessary unless the Court sees a need for one, and that

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it would benefit the parties and the Court to consider the unopposed motion for preliminary

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approval forthwith, instead of setting hearing according to the schedule for contested motions

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under Local Rule 6-1;

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THEREFORE, the Customer Class Plaintiffs and Abbott stipulate to waive the

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contested motion schedule under Local Rule 6-1, and ask this court to decide the Motion on the

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moving papers.

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IT IS SO STIPULATED.

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/s/ Daniel C. Simons
Eric L. Cramer
Daniel C. Simons
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103-6305

/s/ Stuart N. Senator
Stuart N. Senator
MUNGER, TOLLES, & OLSON, LLP
355 South Grand Avenue
Los Angeles CA 90071-1560

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Counsel for the Customer Plaintiff Class

Counsel for Abbott Laboratories

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Attestation: Pursuant to General Order 45, the filer attests that concurrence in the
filing of this document has been obtained from each of the signatories.

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PURSUANT TO STIPULATION, IT IS SO ORDERED
Dated:

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4/11/2011

Judge Claudia Wilken
United States District Court
Northern District of California

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917928.1

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STIPULATION AND [PROPOSED] ORDER
CASE NO. C 07-5985 CW