Ko v. Natura Pet Products, Inc. et al

Filing 94

STIPULATION AND ORDER, Set/Reset Deadlines as to 88 MOTION for Settlement . Motion Hearing set for 3/6/2012 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 2/13/12. (lrc, COURT STAFF) (Filed on 2/13/2012)

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ALLEN RUBY, ESQ. SB# 47109
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
525 University Avenue, Suite 1100
Palo Alto, CA 94301
Telephone: [phone]
Facsimile: [phone]
[e-mail]
JAMES J. FROST (Admitted Pro Hac Vice)
PATRICK E. BROOKHOUSER, JR. (Admitted Pro Hac Vice)
McGrath, North, Mullin & Kratz, PC LLO
3700 First National Tower
1601 Dodge Street
Omaha, NE 68102
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorney for Defendants
NATURA PET PRODUCTS, INC.; and
PETER ATKINS

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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JUDY KO, individually and on behalf of all other Case No. CV-09-02619 SAB
persons similarly situated and on behalf of the
general public,
STIPULATION AND
ORDER CONTINUING FAIRNESS
Plaintiffs,
HEARING
v.
NATURA PET PRODUCTS, INC., et al
Defendants.

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STIPULATION AND [PROPOSED] ORDER
CONTINUING FAIRNESS HEARING

CASE NO. CV-09-02619 SAB

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WHEREAS, the Court preliminarily approved the proposed class action settlement

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between Defendants Natura Pet Products, Inc. and Peter Atkins (hereinafter referred to as

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“Defendants”), and the class defined as “all persons residing in the United States who purchased

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any Natura Product for personal, family, or household purposes (the “Class”) during the time

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period from March 20, 2005 to July 8, 2011 (the “Class Period”)” on July 19, 2011;

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WHEREAS, by its Order of July 19, 2011 and Civil Minutes July 8, 2011, Plaintiff Judy

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Ko’s (hereinafter referred to as “Plaintiff”) motion for final approval of the proposed settlement

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and her separate motion for approval of the award of attorneys’ fees and costs to Class Counsel,

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and an incentive award to the Plaintiff was originally scheduled for February 17, 2012;

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WHEREAS, by the Clerk’s Notice of September 29, 2011, the Court rescheduled
Plaintiff’s motions for February 14, 2012;
WHEREAS, by its Order of February 8, 2012, the Court continued the hearing to
February 21, 2012 at 1:00 p.m.;
WHEREAS, counsel for the Defendants are unavailable to attend a hearing on February
21, 2012; and
WHEREAS, the parties respectfully request and submit that it is therefore in the interest

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of judicial economy and efficiency for the Court to reschedule the February 21, 2012 Fairness

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Hearing to March 6, 2012 at 1:00 p.m., a date and time convenient on the Court’s calendar.

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IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 7-12, by and between
the undersigned counsel for the Parties that:
The Fairness Hearing scheduled for February 21, 2012 be vacated and rescheduled to
March 6, 2012 at 1:00 p.m.

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Dated: February 10, 2012

KEEGAN & BAKER, LLP
By: /s /Patrick N. Keegan_________________
Patrick N. Keegan
Attorneys for Representative
Plaintiffs JUDY KO and the Class

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Dated: February 10, 2012

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
MC GRATH, NORTH, MULLIN & KRATZ, PC LLO

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By: /s/ Allen Ruby______________________
Allen Ruby
Attorney for Defendants
NATURA PET PRODUCTS, INC.; and
PETER ATKINS

ORDER

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT:
The Fairness Hearing scheduled for February 21, 2012 be vacated and rescheduled to
March 6, 2012 at 1:00 p.m.

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Dated: 2/13/12

________
Hon. Sandra Brown Armstrong
United States District Court Judge