Giroux v. Essex Property Trust, Inc.

Filing 84

ORDER by Judge Haywood S. Gilliam, Jr. Granting 83 Stipulation Re Extension to Deadline for Submission of Stipulated Judgment. (ndrS, COURT STAFF) (Filed on 4/15/2019)

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1 2 3 4 5 6 7 Joseph E. Addiego III (CA SBN 169522) John D. Freed (CA SBN 261518) DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, California 94111 Telephone: (415) 276-6500 Facsimile: (415) 276-6599 Email: jakefreed@dwt.com joeaddiego@dwt.com Attorneys for Defendant ESSEX PROPERTY TRUST, INC. 8 IN THE UNITED STATES DISTRICT COURT 9 THE NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 ANGELE GIROUX, 13 14 15 16 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. ESSEX PROPERTY TRUST, INC., Defendant. 17 18 19 Case No. 16-cv-01722-HSG SECOND STIPULATION AND ORDER REGARDING EXTENSION TO DEADLINE FOR SUBMISSION OF STIPULATED JUDGMENT 20 21 22 23 24 25 26 27 28 1 SECOND STIPULATION RE STIPULATED JUDGMENT DEADLINE Case No. 16-cv-01722-HSG On March 14, 2019, the Court entered its Order Granting Motion for Final Approval of 1 2 Class Action Settlement and Granting Motion for Class Counsel Attorneys’ Fees and Costs (“Final 3 Approval Order”) (Dkt. 80), which directed the parties to file a Stipulated Judgment by March 29, 4 2019. 5 On or about March 25, 2019, AllClear, the identity theft protection company that had 6 committed to provide the additional identity theft protection contemplated in the settlement 7 approved by the Court, informed Essex it had been acquired by Experian and would not provide 8 those identity theft protection services. The parties immediately responded, and began negotiating 9 an extension of coverage with AllClear and to identify a new service provider of identity theft 10 11 protection upon the expiration of the AllClear coverage. On March 29, 2019, in order to give the parties time to complete this process and submit a 12 proposal to the Court to address this unanticipated issue, the parties submitted a Stipulation 13 requesting that the Court continue the March 29, 2019 deadline to submit the Stipulated Judgment 14 for two weeks, until April 12, 2019 (Dkt 81). On April 1, 2019, the Court entered an Order 15 granting the requested continuance to April 12, 2019 (Dkt. 82). 16 Essex secured a one year extension of coverage from AllClear for those class members 17 who were previously enrolled with AllClear, to ensure continuous coverage. The parties have 18 agreed upon a vendor to provide the necessary services for the remainder of the periods identified 19 in the approved settlement. The parties continue to work diligently to finalize the agreement with 20 the new vendor, as well as the logistics of notifying the class and implementing that replacement 21 coverage. The parties request an additional two week extension, to April 26, 2019, to allow 22 sufficient time to complete these tasks before submitting the Stipulated Judgment. 23 24 IT IS SO STIPULATED. 25 26 27 28 2 SECOND STIPULATION RE STIPULATED JUDGMENT DEADLINE Case No. 16-cv-01722-HSG 1 2 3 4 5 6 7 8 9 10 11 DATED: April 15, 2019 DAVIS WRIGHT TREMAINE LLP Joseph E. Addiego III John D. Freed By:/s/ Joseph E. Addiego III Joseph E. Addiego III Attorneys for Defendant ESSEX PROPERTY TRUST, INC. STUTHEIT KALIN LLC Kyann C. Kalin By: /s/ Kyann C. Kalin Kyann C. Kalin Attorneys for Plaintiff 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 SECOND STIPULATION RE STIPULATED JUDGMENT DEADLINE Case No. 16-cv-01722-HSG 1 2 CERTIFICATION OF CONCURRENCE Pursuant to L.R. 5-1, I hereby attest that Kyann C. Kalin, counsel for Plaintiff Angele 3 Giroux, has provided his concurrence in the electronic filing of the foregoing document entitled 4 STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION TO DEADLINE 5 FOR SUBMISSION OF STIPULATED JUDGMENT 6 7 /s/ Joseph E. Addiego III Joseph Addiego III 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 SECOND STIPULATION RE STIPULATED JUDGMENT DEADLINE Case No. 16-cv-01722-HSG ORDER 1 2 Presently before the Court is the parties’ Second Stipulation [and Proposed Order] 3 Regarding Extension of the Deadline for Submission of a Stipulated Judgment. The deadline is 4 hereby extended until April 26, 2019. 5 6 7 8 IT IS SO ORDERED. Date: April 15, 2019 ________________________________ Hon. Haywood S. Gilliam, Jr. United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 SECOND STIPULATION RE STIPULATED JUDGMENT DEADLINE Case No. 16-cv-01722-HSG

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