Giroux v. Essex Property Trust, Inc.
Filing
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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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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.
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IN THE UNITED STATES DISTRICT COURT
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THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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ANGELE GIROUX,
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Plaintiff,
v.
ESSEX PROPERTY TRUST, INC.,
Defendant.
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Case No. 16-cv-01722-HSG
SECOND STIPULATION AND ORDER
REGARDING EXTENSION TO
DEADLINE FOR SUBMISSION OF
STIPULATED JUDGMENT
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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
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Class Action Settlement and Granting Motion for Class Counsel Attorneys’ Fees and Costs (“Final
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Approval Order”) (Dkt. 80), which directed the parties to file a Stipulated Judgment by March 29,
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2019.
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On or about March 25, 2019, AllClear, the identity theft protection company that had
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committed to provide the additional identity theft protection contemplated in the settlement
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approved by the Court, informed Essex it had been acquired by Experian and would not provide
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those identity theft protection services. The parties immediately responded, and began negotiating
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an extension of coverage with AllClear and to identify a new service provider of identity theft
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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
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proposal to the Court to address this unanticipated issue, the parties submitted a Stipulation
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requesting that the Court continue the March 29, 2019 deadline to submit the Stipulated Judgment
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for two weeks, until April 12, 2019 (Dkt 81). On April 1, 2019, the Court entered an Order
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granting the requested continuance to April 12, 2019 (Dkt. 82).
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Essex secured a one year extension of coverage from AllClear for those class members
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who were previously enrolled with AllClear, to ensure continuous coverage. The parties have
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agreed upon a vendor to provide the necessary services for the remainder of the periods identified
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in the approved settlement. The parties continue to work diligently to finalize the agreement with
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the new vendor, as well as the logistics of notifying the class and implementing that replacement
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coverage. The parties request an additional two week extension, to April 26, 2019, to allow
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sufficient time to complete these tasks before submitting the Stipulated Judgment.
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IT IS SO STIPULATED.
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SECOND STIPULATION RE STIPULATED JUDGMENT DEADLINE
Case No. 16-cv-01722-HSG
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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
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SECOND STIPULATION RE STIPULATED JUDGMENT DEADLINE
Case No. 16-cv-01722-HSG
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CERTIFICATION OF CONCURRENCE
Pursuant to L.R. 5-1, I hereby attest that Kyann C. Kalin, counsel for Plaintiff Angele
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Giroux, has provided his concurrence in the electronic filing of the foregoing document entitled
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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION TO DEADLINE
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FOR SUBMISSION OF STIPULATED JUDGMENT
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/s/ Joseph E. Addiego III
Joseph Addiego III
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SECOND STIPULATION RE STIPULATED JUDGMENT DEADLINE
Case No. 16-cv-01722-HSG
ORDER
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Presently before the Court is the parties’ Second Stipulation [and Proposed Order]
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Regarding Extension of the Deadline for Submission of a Stipulated Judgment. The deadline is
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hereby extended until April 26, 2019.
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IT IS SO ORDERED.
Date: April 15, 2019
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Hon. Haywood S. Gilliam, Jr.
United States District Judge
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SECOND STIPULATION RE STIPULATED JUDGMENT DEADLINE
Case No. 16-cv-01722-HSG
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