Seebrook v. The Children's Place Retail Stores, Inc.

Filing 51

ORDER by Judge Claudia Wilken Granting 50 [Amended] Stipulation to: (1) Continue September 26, 2012 Case Management Conference; and (2) Set Hearing on Motion for Preliminary Approval of Class Action Settlement. (ndr, COURT STAFF) (Filed on 9/24/2012)

1
2
3
4
5
6

COOLEY LLP
MICHELLE C. DOOLIN (179445) ([e-mail])
MAZDA K. ANTIA (214963) ([e-mail])
BRADLEY A. LEBOW (240608) ([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
THE CHILDREN’S PLACE RETAIL STORES, INC.

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

OAKLAND DIVISION

11
12
13
14
15
16

GALINA SEEBROOK, individually and on
behalf of all others similarly situated,
Plaintiffs,
v.
THE CHILDREN’S PLACE RETAIL
STORES, INC., a Delaware corporation,

17
18
19
20
21
22
23
24
25

Consolidated Case No. 11-cv-00837-CW
AMENDED STIPULATION AND
[PROPOSED] ORDER TO: (1) CONTINUE
SEPTEMBER 26, 2012 CASE
MANAGEMENT CONFERENCE; AND (2)
SET HEARING ON MOTION FOR
PRELIMINARY APPROVAL OF CLASS
ACTION SETTLEMENT

Defendant.
MARIA ISABEL BELTRAN, an individual,
on behalf herself and of all others similarly
situated,
Plaintiff,
v.
THE CHILDREN’S PLACE RETAIL
STORES, INC., a Delaware Corporation; and
DOES 1 through 50, inclusive,
Defendants.

26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

AMENDED STIPULATION AND
[PROPOSED] ORDER
CONSOLIDATED CASE NO. 11-CV-00837-CW

1
2
3
4
5
6

NICOLLE DiSIMONE, individually, and on
behalf of all others similarly situated,
Plaintiff,
v.
THE CHILDREN’S PLACE RETAIL
STORES, INC., a Delaware corporation, and
DOES 1 – 500,
Defendants.

7
8
9

KRISTEN HARTMAN, an individual, on
behalf of herself and all others similarly
situated,

10
11
12
13

Plaintiffs,
v.
THE CHILDREN’S PLACE RETAIL
STORES, INC., a Delaware Corporation, and
DOES 1 through 50, inclusive

14

Defendants.

15
16
17

MARIO ARELLANO, on behalf of a class of
similarly situated individuals, and himself
individually,
Plaintiff,

18
19
20
21
22

v.
THE CHILDREN’S PLACE RETAIL
STORES, INC., a Delaware corporation, d/b/a
The Children’s Place; and DOES 1 through
25, inclusive,
Defendants.

23
24
25
26
27
28
AMENDED STIPULATION AND
[PROPOSED] ORDER
CONSOLIDATED CASE NO. 11-CV-00837-CW

1

Counsel for plaintiff Galina Seebrook in Seebrook v. The Children’s Place Retail Stores,

2

Inc., Case No. 11-cv-00837-CW, counsel for plaintiff Maria Isabel Beltran in The Children’s

3

Place Retail Stores, Inc., et al., Case No. 11-cv-01664-CW, counsel for plaintiff Nicole

4

DiSimone in DiSimone v. The Children’s Place Retail Stores, Inc., et al., Case No. 11-cv-02223-

5

SC, counsel for plaintiff Kristen Hartman in Hartman v. The Children’s Place Retail Stores, Inc.,

6

et al., Case No. 11-cv-02604-JSC, counsel for plaintiff Mario Arellano in Arellano v. The

7

Children’s Place Retail Stores, Inc., et al., Case No. 12-cv-00803-LB (collectively, the

8

“Consolidated Action”), and counsel for defendant The Children’s Place Retail Stores, Inc.

9

(“Children’s Place”) jointly submit the following Amended Stipulation to: (1) continue the

10

September 26, 2012 Case Management Conference until November 29, 2012, or as soon

11

thereafter as convenient for the Court; and (2) schedule a hearing on a Motion for Preliminary

12

Approval of Class Action Settlement to be held in conjunction with the continued Case

13

Management Conference.

14

RECITALS

15

WHEREAS, as noted in the parties’ Joint Notice of Settlement filed on April 25, 2012

16

(Doc. No. 41), plaintiffs Seebrook, Beltran, DiSimone, Hartman, and Arellano, and Children's

17

Place have reached a global settlement of all claims, including the class claims, in the

18

Consolidated Action;

19

WHEREAS, plaintiffs’ counsel and Children’s Place’s counsel have completed

20

negotiations over the terms of the Settlement Agreement, and a finalized Settlement Agreement

21

has been circulated among the parties for signature; and

22
23

WHEREAS, plaintiffs’ counsel and Children’s Place’s counsel anticipate that the
Settlement Agreement will be fully executed within one week.

24

WHEREAS, on September 19, 2012, plaintiffs’ counsel and Children’s Place’s previously

25

submitted a Stipulation to: (1) continue the September 26, 2012 Case Management Conference

26

for approximately thirty (30) days until October 24, 2012, or as soon thereafter as convenient for

27

the Court; (2) schedule a hearing on a Motion for Preliminary Approval of Class Action

28

Settlement to be held in conjunction with the continued Case Management Conference; and (3)

COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

1

AMENDED STIPULATION AND
[PROPOSED] ORDER
CONSOLIDATED CASE NO. 11-CV-00837-CW

1

allow plaintiffs to file their Motion for Preliminary Approval of Class Action Settlement two (2)

2

weeks prior to that Case Management Conference/hearing date; and

3

WHEREAS, due to a scheduling conflict that was inadvertently overlooked, the parties

4

need to amend the previously submitted stipulation to request a different date for the continuance

5

of the Case Management Conference and hearing on the Motion for Preliminary Approval of

6

Class Settlement.

7
8
9
10
11
12

STIPULATION
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties
hereto through their respective counsel of record, that:
1.

The Case Management Conference currently scheduled for September 26, 2012

shall be continued until November 29, 2012, or as soon thereafter as convenient for the Court;
2.

A hearing on a Motion for Preliminary Approval of Class Action Settlement shall

13

be scheduled to be held on November 29, 2012, or as soon thereafter as convenient for the Court,

14

in conjunction with the Case Management Conference; and

15

3.

Plaintiffs shall file their Motion for Preliminary Approval of Class Action

16

Settlement pursuant to Local Civil Rule 7-2(a), no later than thirty-five (35) days prior to the date

17

of the Case Management Conference and hearing on the Motion for Preliminary Approval of

18

Class Action Settlement.

19

IT IS SO STIPULATED.

20

Dated: September 21, 2012

21
22
23
24
25

COOLEY LLP
MICHELLE C. DOOLIN (179445)
MAZDA K. ANTIA (214963)
BRADLEY A. LEBOW (240608)
/s/ Bradley A. Lebow
Bradley A. Lebow
Attorneys for Defendant
THE CHILDREN’S PLACE RETAIL STORES, INC.

26
27
28
2

AMENDED STIPULATION AND
[PROPOSED] ORDER
CONSOLIDATED CASE NO. 11-CV-00837-CW

1

Dated: September 21, 2012

2
3

HOFFMAN & LAZEAR
H. TIM HOFFMAN (049141)
ARTHUR W. LAZEAR (083603)
CHAD A. SAUNDERS (257810)
/s/ Chad A. Saunders
Chad A. Saunders

4
5

Attorneys for Plaintiff
GALINA SEEBROOK

6
7
8

Dated: September 21, 2012

9
10

PATTERSON LAW GROUP
JAMES R. PATTERSON (211102)
MATTHEW J. O’CONNOR (203334)
/s/ Matthew J. O’Connor
Matthew J. O’Connor

11

Attorneys for Plaintiff
MARIA ISABEL BELTRAN

12
13
14

Dated: September 21, 2012

15
16

RIDOUT & LYON, LLP
CHRISTOPHER P. RIDOUT (143931)
DEVON M. LYON (218293)
CALEB LH MARKER (269721)
/s/ Christopher P. Ridout
Christopher P. Ridout

17
18

Attorneys for Plaintiff
NICOLLE DiSIMONE

19
20
21
22
23
24
25

Dated: September 21, 2012

STONEBARGER LAW, APC
GENE J. STONEBARGER (209461)
RICHARD D. LAMBERT (251148)
/s/ Gene J. Stonebarger
Gene J. Stonebarger
Attorneys for Plaintiff
KRISTEN HARTMAN

26
27
28
3

AMENDED STIPULATION AND
[PROPOSED] ORDER
CONSOLIDATED CASE NO. 11-CV-00837-CW

1
2
3
4
5

Dated: September 21, 2012

LAW OFFICES OF SUNIL A. BRAHMBHATT, PLC
SUNIL A. BRAHMBHATT (143931)
/s/ Sunil A. Brahmbhatt
Sunil A. Brahmbhatt
Attorneys for Plaintiff
MARIO ARELLANO

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4

AMENDED STIPULATION AND
[PROPOSED] ORDER
CONSOLIDATED CASE NO. 11-CV-00837-CW

1
2

FILER’S ATTESTATION
Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that

3

all parties have concurred in the filing of this Joint Status Conference Statement.

4

Dated: September 21, 2012

5
6
7
8
9

COOLEY LLP
MICHELLE C. DOOLIN (179445)
MAZDA K. ANTIA (214963)
BRADLEY A. LEBOW (240608)
/s/ Bradley A. Lebow
Bradley A. Lebow
Attorneys for Defendant
THE CHILDREN’S PLACE RETAIL STORES,
INC.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
5

AMENDED STIPULATION AND
[PROPOSED] ORDER
CONSOLIDATED CASE NO. 11-CV-00837-CW

1

[PROPOSED] ORDER

2

Based on the foregoing, and good cause appearing, IT IS HEREBY ORDERED that:

3

1.

4
5

The Case Management Conference currently scheduled for September 26, 2012

shall be continued until November 29, 2012;
2.

A hearing on a Motion for Preliminary Approval of Class Action Settlement shall

6

be scheduled to be held on November 29, 2012, in conjunction with the Case Management

7

Conference; and

8

4.

Plaintiffs shall file their Motion for Preliminary Approval of Class Action

9

Settlement pursuant to Local Civil Rule 7-2(a), no later than thirty-five (35) days prior to the date

10

of the Case Management Conference and hearing on the Motion for Preliminary Approval of

11

Class Action Settlement.

12

IT IS SO ORDERED.

13

Dated: 9/24/2012

14

_______________________________________
THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
6

AMENDED STIPULATION AND
[PROPOSED] ORDER
CONSOLIDATED CASE NO. 11-CV-00837-CW

1

PROOF OF SERVICE
(FRCP 5)

2
3

I am a citizen of the United States and a resident of the State of California. I am

4

employed in San Diego County, State of California, in the office of a member of the bar of this

5

Court, at whose direction the service was made. I am over the age of eighteen years, and not a

6

party to the within action. My business address is Cooley LLP, 4401 Eastgate Mall, San Diego,

7

California 92121. On the date set forth below I served the documents described below in the

8

manner described below:

9

AMENDED STIPULATION AND [PROPOSED] ORDER TO: (1) CONTINUE SEPTEMBER 26, 2012
CASE MANAGEMENT CONFERENCE; AND (2) SET HEARING ON MOTION FOR PRELIMINARY
APPROVAL OF CLASS ACTION SETTLEMENT

10
11



12
13
14
15



16



17
18


19
20
21
22



23
24
25
26
27
28
COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

(BY U.S. MAIL) I am personally and readily familiar with the business practice of
Cooley LLP for collection and processing of correspondence for mailing with the
United States Postal Service, and I caused such envelope(s) with postage thereon
fully prepaid to be placed in the United States Postal Service at San Diego,
California.
(BY MESSENGER SERVICE) by consigning the document(s) to an authorized
courier and/or process server for hand delivery on this date.
(BY FACSIMILE) I am personally and readily familiar with the business practice
of Cooley LLP for collection and processing of document(s) to be transmitted by
facsimile and I caused such document(s) on this date to be transmitted by
facsimile to the offices of addressee(s) at the numbers listed below.
(BY OVERNIGHT MAIL) I am personally and readily familiar with the business
practice of Cooley LLP for collection and processing of correspondence for
overnight delivery, and I caused such document(s) described herein to be
deposited for delivery to a facility regularly maintained by
for
overnight delivery.
(BY ELECTRONIC MAIL) I am personally and readily familiar with the business
practice of Cooley LLP for the preparation and processing of documents in
portable document format (PDF) for e-mailing, and I caused said documents to be
prepared in PDF and then served by electronic mail to the parties listed below.

///
///
///
762275 v1/SD
07/24/12 9:13 AM

1.

PROOF OF SERVICE