Giroux v. Essex Property Trust, Inc.

Filing 86

ORDER by Judge Haywood S. Gilliam, Jr. Granting 85 Stipulation. (ndrS, COURT STAFF) (Filed on 4/26/2019)

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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:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
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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THIRD STIPULATION RE STIPULATED JUDGMENT DEADLINE
Case No. 16-cv-01722-HSG

Case No. 16-cv-01722-HSG
THIRD STIPULATION AND ORDER
REGARDING EXTENSION TO
DEADLINE FOR SUBMISSION OF
STIPULATED JUDGMENT

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 to finalize the agreement with the new

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vendor, as well as the logistics of notifying the class and implementing that replacement coverage.

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The parties submitted a second stipulation for extension on April 12, 2015 (Dkt. 83), and

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the Court entered the order granting the stipulation on April 15, 2019 (Dkt. 84), providing another

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extension to April 26, 2019 to submit the Stipulated Judgment.

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The parties request another two-week extension, to May 10, 2019, to allow sufficient time

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to complete these tasks before submitting the Stipulated Judgment. The parties are mindful that

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this is the third extension requested. The task of securing new coverage and implementing same

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THIRD STIPULATION RE STIPULATED JUDGMENT DEADLINE
Case No. 16-cv-01722-HSG

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has proven to be more complex than initially anticipated. They are working diligently to finalize

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all aspects of this new coverage and on the notice of this change to the class members.

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IT IS SO STIPULATED.

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DATED: April 26, 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

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Attorneys for Plaintiff

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THIRD 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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THIRD STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION TO

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DEADLINE FOR SUBMISSION OF STIPULATED JUDGMENT

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/s/ Joseph E. Addiego III
Joseph Addiego III

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THIRD STIPULATION RE STIPULATED JUDGMENT DEADLINE
Case No. 16-cv-01722-HSG

ORDER

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Presently before the Court is the parties’ Third 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 May 10, 2019.

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IT IS SO ORDERED.
Date: April 26, 2019

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Hon. Haywood S. Gilliam, Jr.
United States District Judge

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THIRD STIPULATION RE STIPULATED JUDGMENT DEADLINE
Case No. 16-cv-01722-HSG