Garner v. State Farm Mutual Automobile Insurance Company

Filing 261

ORDER re 255 Granting STIPULATION RE FILING FINAL APPROVAL MOTION BY STATE FARM. Signed by Judge Claudia Wilken on 03/22/2010. (scc, COURT STAFF) (Filed on 3/22/2010)

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SEDGWICK, DETERT, MORAN & ARNOLD LLP KEVIN J. DUNNE Bar No. 40030 LAURA L. GOODMAN Bar No. 142689 MICHELLE Y. MCISAAC Bar No. 215294 ANDREW J. KING Bar No. 253962 One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP KATHERINE ARMSTRONG (pro hac vice) Four Times Square New York, New York 10036 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP ROBERT J. NELSON Bar No. 132797 MICHAEL W. SOBOL Bar No. 194857 ROGER HELLER Bar No. 215348 Embarcadero Center West 275 Battery Street, 30th Floor San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] BIRKA-WHITE LAW OFFICES DAVID M. BIRKA-WHITE Bar No. 85721 411 Hartz Avenue, Suite 200 Danville, California 94526 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff ARNESHA M. GARNER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ARNESHA M. GARNER, on behalf of herself and all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. Plaintiff Arnesha Garner ("Plaintiff") and Defendant State Farm Mutual Automobile Insurance Company ("State Farm") (collectively, the "Parties"), by and through their attorneys of record, jointly request that the Court allow State Farm to file its motion for final approval of the class settlement in this action on April 1, 2010. CASE NO. CV 08 1365 CW (EMC) STIPULATION AND ORDER RE FILING FINAL APPROVAL MOTION BY STATE FARM

-1STIPULATION AND [PROPOSED] ORDER RE FILING FINAL APPROVAL MOTION BY STATE FARM
SF/1682837v1

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WHEREAS, the Court issued its Preliminary Approval Order of the class action settlement on January 15, 2010; WHEREAS, the Court scheduled the Fairness Hearing to determine final approval of the class settlement for April 15, 2010; WHEREAS, the Third-Party Administrator mailed the Class Notice to class members via first-class mail on February 9, 2010; WHEREAS, the Preliminary Approval Order provides that any class member who wishes to opt-out of the settlement must send a written opt-out to be postmarked no later than 45 days after the notice is mailed; WHEREAS, the Preliminary Approval Order provides that any person objecting to the settlement must remit a timely written objection to be postmarked no later than 45 days after the notice is mailed; WHEREAS, the 45-day period in which a written opt-out or objection to the settlement must be postmarked ends on March 26, 2010; and WHEREAS, State Farm requests, and Plaintiff agrees, that State Farm should be allowed to file its motion for final approval on April 1, 2010 to give State Farm a reasonable time to review and respond to any opt-outs or objections that may be received. IT IS SO STIPULATED. DATED: March 9, 2010 SEDGWICK, DETERT, MORAN & ARNOLD LLP By: /s/ Laura L. Goodman Laura L. Goodman Attorneys for Defendant STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

DATED: March 9, 2010

BIRKA-WHITE LAW OFFICES By: /s/ David M. Birka-White David M. Birka-White Attorneys for Plaintiff ARNESHA M. GARNER

-2STIPULATION AND [PROPOSED] ORDER RE FILING FINAL APPROVAL MOTION BY STATE FARM
SF/1682837v1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 22, 2010

ORDER ON STIPULATION Having read and considered the parties' stipulation, the Court orders as follows: State Farm may file its motion for final approval on April 1, 2010, after the deadline for post-marking opt-outs or objections to the settlement has passed. Either party may update the Court, as appropriate, addressing any timely objections or opt-outs received after the parties file their respective briefs. IT IS SO ORDERED.

The Honorable Claudia Wilken United States District Court Judge

-3STIPULATION AND [PROPOSED] ORDER RE FILING FINAL APPROVAL MOTION BY STATE FARM
SF/1682837v1