McClellan et al v. SFN Group, Inc. et al

Filing 42

STIPULATION AND ORDER, Motions terminated: 41 STIPULATION WITH PROPOSED ORDER re Court Settlement After Mediation, and Requesting Date for Hearing on Motion for Preliminary Approval of Settlement filed by SFN Professional Services, LLC, SFN Group, Inc., Laura Loveless, Kimberly McClellan. Motion Hearing set for 6/12/2012 01:00 PM before Hon. Saundra Brown Armstrong.. Signed by Judge ARMSTRONG on 3/29/12. (lrc, COURT STAFF) (Filed on 3/30/2012)

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
2
MICHAEL L. GALLION, Cal. Bar No. 189128
3 [e-mail]
DAVID T. VAN PELT, Cal. Bar No. 163690
4 [e-mail]
1901 Avenue of the Stars, Suite 1600
5 Los Angeles, California 90067-6017
Telephone: [phone]
6 Facsimile: 310-228-3701
7 Attorneys for Defendants
SFN GROUP, INC., and SFN PROFESSIONAL
8 SERVICES LLC
9 LAW OFFICE OF RANDALL CRANE
RANDALL CRANE, Cal. Bar No. 56806
10 [e-mail]
LEONARD EMMA, Cal. Bar No. 224483
11 [e-mail]
180 Grand Ave., Suite 1550
12 Oakland, California 94612
Telephone: [phone]
13 Facsimile: 510-465-4643
14 Attorneys for Plaintiffs
KIMBERLY MCCLELLAN and LAURA
15 LOVELESS
16

UNITED STATES DISTRICT COURT

17

FOR THE NORTHERN DISTRICT OF CALIFORNIA

18 KIMBERLY MCCLELLAN and LAURA
LOVELESS, individually and on behalf of
19 all others similarly situated,

v.

22 SFN GROUP, INC., SFN
PROFESSIONAL SERVICES, LLC, and
23 SPHERION ATLANTIC ENTERPRISES,
LLC, all doing business as SPHERION,
24 and SPHERION, a business form
unknown, and DOES 1 through 100,
25 inclusive,
26

[Former Alameda Superior Court, Case
No. RG10548294]

Plaintiffs,

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Case No. C10-05972 SBA

STIPULATION AND [PROPOSED]
ORDER NOTIFYING COURT OF
SETTLEMENT AFTER MEDIATION,
AND REQUESTING DATE FOR
HEARING ON MOTION FOR
PRELIMINARY APPROVAL OF
SETTLEMENT
[State Complaint Filed: 11/21/2010]

Defendants.

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W02-WEST:2DVP1\404859783.2

STIPULATION AND [PROPOSED] ORDER
Case No. C10-05972 SBA

1

WHEREAS, on December 27, 2011, the Court entered its "Order Granting in Part

2 Joint Request to Modify Case Management Scheduling Order." The Order required that
3 mediation be completed by February 15, with motion to apply for class certification,
4 decertification, and/or to strike to be filed by April 17, 2012;
5

WHEREAS, the Parties have completed mediation and have reached a settlement of

6 all issues; and
7

WHEREAS, The Parties wish to present this settlement to the Court for

8 consideration and approval.
9

NOW, THEREFORE, IT IS HEREBY STIPULATED, AGREED TO AND

10 REQUESTED between Plaintiffs Kimberly McClellan and Laura Loveless ("Plaintiffs")
11 and Defendants SFN Group, Inc. and SFN Professional Services, LLC ("Defendants") that
12 the Court's Case Management Scheduling Order be modified as follows:
13

1. The Parties are to file by April 17, 2012, a Motion for Preliminary Approval of

14 Settlement, including a request to certify for settlement purposes a subclass of Defendant’s
15 employees designated as CSR/CSS/CSM, and a motion to dismiss the remaining subclass
16 of Defendants' Branch Managers and On-Premises Managers;
17

2. The hearing on motions for class certification, decertification, or to strike, set for

18 June 12, 2012 and the briefing schedule thereon be taken off calendar;
19

3. The hearing on a Motion for Preliminary Approval of Settlement be set for June

20 12, 2012, or such other date as appropriate for the Court’s calendar with an earlier hearing
21 date being preferred by the Parties;
22 Dated: March 27, 2012
23

LAW OFFICE OF RANDALL CRANE

24

By

/s/ RANDALL CRANE
RANDALL CRANE
Attorneys for Plaintiffs
McCLELLAN and LOVELESS

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W02-WEST:2DVP1\404859783.2

-2STIPULATION AND [PROPOSED] ORDER
Case No. C10-05972 SBA

1
2 Dated: March 27, 2012
3

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

4

By

/s/ DAVID VAN PELT
DAVID VAN PELT
Attorneys for Defendants
SFN GROUP, INC. and SFN PROFESSIONAL
SERVICES LLC

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6
7
8

[PROPOSED] ORDER
9
Pursuant to the stipulation above, the Court Orders that the Case Management Scheduling
10
Order filed December 27, 2011 be modified and the Parties are ordered as follows:
11
1. The Parties shall file by April 17, 2012, a Motion for Preliminary Approval of
12
Settlement;
13
2. The hearing on motions for class certification, decertification, or to strike, set for
14
June 12, 2012 and the briefing schedule are hereby vacated;
15
3. The hearing on Motions for Preliminary Approval of Settlement be set for June
16
12, 2012 at 1:00 p.m.; and
17
4. This Order terminates Docket 41.
18
IT IS SO ORDERED.
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Dated: March 29, 2012
21
By

22

SAUNDRA BROWN ARMSTRONG
United States District Judge

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W02-WEST:2DVP1\404859783.2

-3STIPULATION AND [PROPOSED] ORDER
Case No. C10-05972 SBA