McDonald v. CP OpCo, LLC et al

Filing 121

ORDER by Judge Haywood S. Gilliam, Jr. SETTING SETTLEMENT SCHEDULE.(This order terminates docket no. 120 .) Motions due by 3/19/2019 and Motion Hearing set for 5/9/2019 02:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S. Gilliam Jr.(ndrS, COURT STAFF) (Filed on 2/7/2019)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

DAVID MCDONALD,

8

Plaintiff,

9
10

United States District Court
Northern District of California

11
12

Case No. 17-cv-04915-HSG
ORDER SETTING SETTLEMENT
SCHEDULE

v.

Re: Dkt. No. 120
CP OPCO, LLC, et al.,
Defendants.
On January 28, 2019, the Court granted Plaintiffs’ unopposed motion for preliminary

13

approval of a class action settlement and directed the parties to submit a proposed schedule. See

14

Dkt. No. 119. Having considered the parties’ proposed schedule, Dkt. No. 120, the Court finds

15

that the deadline for class members to opt out or object should be prior to the deadline for the final

16

approval motion, so that information about opt-outs and objections can be included in the motion.

17

This schedule change eliminates the need for a reply brief. In addition, the Court finds that the

18

proposed nine-day period for class members to opt out or object is insufficient. Based on the

19

parties’ proposal and these determinations, the Court SETS the following deadlines:

20
Event
21
22
23
24
25
26
27
28

Insperity will provide class member contact information to
Settlement Administrator
Deadline for Settlement Administrator to mail notice to all
putative class members
Filing deadline for attorneys’ fees and costs motion
Filing deadline for incentive payment motion
Deadline for class members to opt out or object to settlement
and/or application for attorneys’ fees and costs and incentive
payment
Filing deadline for final approval motion
Deadline for Defendants to file declarations verifying CAFA
notice was provided

Date
February 12, 2019
February 26, 2019
March 19, 2019
March 19, 2019
April 9, 2019

April 23, 2019
April 30, 2019

1
2
3
4
5
6
7
8
9
10

Final fairness hearing and hearing on motions

May 9, 2019
2:00 p.m.

In addition, in light of the preliminary approval of the class action settlement, Insperity
PEO Services, L.P. is ORDERED to show cause why its motion for judgment on the pleadings,
Dkt. No. 78, should not be terminated as moot, without prejudice to renewal if final approval is
not granted. Insperity shall file a statement of no more than two pages by February 12, 2019.
This order terminates Dkt. No. 120.
IT IS SO ORDERED.
Dated: 2/7/2019
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2