Muniz v. United Parcel Service, Inc.

Filing 317

ORDER by Judge Claudia Wilken Granting 316 Stipulation. (ndr, COURT STAFF) (Filed on 1/13/2014)

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STEPHEN R. JAFFE (CA #49539)
THE JAFFE LAW FIRM
150 California Street, 21st Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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DANIEL A. ZAHEER (CA #237118)
KERR & WAGSTAFFE LLP
100 Spear Street, Suite 1800
San Francisco, CA 94105–1528
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
KIM MUNIZ

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ELENA R. BACA (SB# 160564)
[e-mail]
PAUL HASTINGS LLP
515 South Flower Street
Twenty-Fifth Floor
Los Angeles, CA 90071-2228
Telephone: [phone]
Facsimile: [phone]

KATHERINE C. HUIBONHOA (SB# 207648)
[e-mail]
RYAN C. HESS (SB# 263079)
[e-mail]
PAUL HASTINGS LLP
55 Second Street
Twenty-Fourth Floor
San Francisco, CA 94105-3441
Telephone: ( 415) 856-7000
Facsimile: ( 415) 856-7100

Attorneys for Defendant
UNITED PARCEL SERVICE, INC.

Attorneys for Defendant
UNITED PARCEL SERVICE, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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KIM MUNIZ,

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Plaintiff,
vs.
UNITED PARCEL SERVICE, INC., a
corporation and DOES 1 though 20, inclusive,

Case No. C-09-01987 CW
STIPULATION REGARDING
SATISFACTION OF JUDGMENT AND
ORDER
Judge:

Hon. Claudia Wilken

Defendants.

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Case No. C-09-01987 CW
LEGAL_US_W # 77211669.2

STIP. RE SATISFACTION OF JUDGMENT

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WHEREAS defendant United Parcel Service, Inc. (“UPS”) previously satisfied the

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Court’s Amended Judgment (Docket No. 293), which entitled plaintiff to damages and statutory

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costs;

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WHEREAS this Court awarded $697,971.80 in attorneys’ fees and non-statutory costs to
plaintiff on August 23, 2011 (Docket No. 292) (the “Attorneys’ Fees Award”);
WHEREAS UPS and plaintiff appealed the Attorneys’ Fees Award (Ninth Circuit Nos.
11-17282 and 11-17383, respectively) (collectively, the “Ninth Circuit Appeals”);
WHEREAS, on December 5, 2013, the Ninth Circuit affirmed the Attorneys’ Fees Award
in part and reversed it in part;
WHEREAS the Ninth Circuit remanded this action for further proceedings concerning

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the fees of paralegal Susan Jaffe as well as for an award of attorneys’ fees to plaintiff regarding

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the appeal; and

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WHEREAS the parties have reached a confidential settlement to resolve all remaining

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issues in this action, including any and all claims plaintiff and her counsel may have for

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attorneys’ fees, costs, and interest thereon related to this action and the Ninth Circuit Appeals;

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THEREFORE, the parties, by and through their counsel of record, stipulate as follows:

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1.

UPS’s timely payment of the monetary amounts agreed to in the parties’

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confidential settlement agreement shall constitute a full and complete satisfaction of all

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attorneys’ fees, costs, and interest thereon awarded or awardable to plaintiff and her counsel in

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connection with this action and the Ninth Circuit Appeals;

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2.

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paid; and

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3.

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Filing of this stipulation shall constitute a representation that the funds have been

Filing of this stipulation shall be sufficient to release UPS’s supersedeas bond

previously approved by the Court.
IT IS SO STIPULATED.
Dated: December __, 2013

THE JAFFE LAW FIRM

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Stephen R. Jaffe
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Case No. C-09-01987 CW
LEGAL_US_W # 77211669.2

STIP. RE SATISFACTION OF JUDGMENT

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Dated: December __, 2013

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KERR & WAGSTAFFE LLP
Daniel A. Zaheer

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Attorneys for Plaintiff
KIM MUNIZ

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Dated: December __, 2013

PAUL HASTINGS LLP

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KATHERINE C. HUIBONHOA

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Attorney for Defendant
UNITED PARCEL SERVICE, INC.

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Case No. C-09-01987 CW
LEGAL_US_W # 77211669.2

STIP. RE SATISFACTION OF JUDGMENT

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ORDER

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Based on the foregoing stipulation, and good cause appearing therefor,

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IT IS ORDERED, ADJUDGED, AND DECREED that all judgments against defendant

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United Parcel Service, Inc., in this action and the Ninth Circuit Appeals have been satisfied in

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full.

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IT IS FURTHER ORDERED that UPS’s supersedeas bond approved by the Court in
October 2011 is hereby released.
IT IS SO ORDERED.

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Dated: January 13, 2014

_________________________________

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Hon. Claudia Wilken
United States District Judge

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Case No. C-09-01987 CW
LEGAL_US_W # 77211669.2

STIP. RE SATISFACTION OF JUDGMENT