Veliz et al v. Cintas Corporation et al

Filing 1631

STIPULATION AND ORDER RE 1630 PARTIES' JOINT REQUEST TO SPECIALLY SET HEARING DATE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND PLAINTIFFS' REQUEST TO FILE OVERSIZED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEROF. Motion Hearing set for 12/8/2010 01:30 PM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 10/6/10. (cl, COURT STAFF) (Filed on 10/6/2010)

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Veliz et al v. Cintas Corporation et al Doc. 1631 *E-Filed 10/6/10* 1 Michael Rubin (S.B. No. 80618) Scott A. Kronland (S.B. No. 171693) 2 Eileen B. Goldsmith (S.B. No. 218029) ALTSHULER BERZON LLP 3 177 Post Street, Suite 300 San Francisco, California 94108 4 (415) 421-7151 - Office (415) 362-8064 - Fax 5 Theresa M. Traber (S.B. No. 116305) 6 Laboni A. Hoq (S.B. No. 224140) TRABER & VOORHEES 7 128 N. Fair Oaks Avenue Pasadena, California 91103 8 (626) 585-9611 - Office (626) 585-1400 - Fax 9 Theodor J. Pintar (S.B. No. 131372) 10 Steven W. Pepich (S.B. No. 116086) James A. Caputo (S.B. No. 120485) 11 Lawrence A. Abel (S.B. No. 129596) ROBBINS GELLER 12 RUDMAN & DOWD LLP 655 Broadway, Suite 1900 13 San Diego, California 92101-4297 (619) 231-1058 - Office 14 (619) 231-7423 - Fax 15 Attorneys for Plaintiffs 16 [Additional counsel appear on following page] 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER Dockets.Justia.com UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA PAUL VELIZ, et al., On Behalf of Themselves ) ) and All Others Similarly Situated, ) ) Plaintiffs, ) ) vs. ) ) CINTAS CORPORATION, an Ohio ) corporation, et al, ) ) Defendants. ) CLASS ACTION No. C-03-1180-RS (MEJ) REVISED STIPULATION AND [PROPOSED] ORDER RE PARTIES' JOINT REQUEST TO SPECIALLY SET HEARING DATE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND PLAINTIFFS' REQUEST TO FILE OVERSIZED MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF Complaint Filed March 18, 2003 1 Nancy Juda COUGHLIN STOIA GELLER 2 RUDMAN & ROBBINS LLP 1100 Connecticut Ave., N.W., Suite 730 3 Washington, D.C. 20036 (202) 822-2024- Office 4 (202) 828-8528- Fax 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER 1 WHEREAS, plaintiffs Paul Veliz et al., intend to move simultaneously in this Court and in 2 arbitration, respectively, for orders granting preliminary approval of the proposed settlement of this 3 nationwide class and collective action from this Court in connection with Case No. 03-01180 RS 4 (MEJ) and from American Arbitration Association ("AAA") Arbitrator Bruce Meyerson in 5 connection with the related class arbitration in AAA Case No. 11 160 01323 04; 6 WHEREAS, the parties believe that it will facilitate the proceedings to have Arbitrator 7 Meyerson personally attend and simultaneously hear the motion for preliminary approval of the 8 proposed settlement in the arbitration at the same time and in the same place as the Court's hearing 9 of the motion for preliminary approval of the proposed settlement in the above-captioned litigation; 10 WHEREAS, Arbitrator Meyerson has informed the parties that he will be available to attend 11 a specially set hearing on plaintiffs' motion for preliminary approval of the proposed settlement on 12 the afternoon of December 8, 2010, at such time as is convenient to the Court; 13 WHEREAS, this action has spawned lengthy and protracted court and arbitration 14 proceedings over the course of over seven years that are now the subject of the proposed settlement, 15 including litigation before this Court filed on March 18, 2003, AAA arbitration filed on May 4, 2004 16 (AAA Case No. 11 160 01323 04), Defendant Cintas Corporation's ("Cintas') petitions to compel 17 arbitration in 70 different judicial districts, which were consolidated into an MDL proceeding before 18 Judge Saundra Brown Armstrong in March 2006 (MDL Case No. 1781), as well as two pending 19 Ninth Circuit Appeals (Case Nos. 07-15009 and 07-16318/07-16645); 20 WHEREAS, the parties are not seeking for the Court to make any ruling in the arbitration or 21 for Arbitrator Meyerson to make any ruling in the litigation, but rather for the Court and Arbitrator 22 Meyerson to separately but simultaneously hear the respective motions for approval of the settlement 23 in the matter before each of them respectively; 24 WHEREAS, plaintiffs believe that the proper and necessary briefing of this motion will 25 exceed the 25-page limit permitted by this Court for a supporting memorandum, particularly given 26 the more than seven-year procedural history of this case, the need to explain the fairness of the 27 global settlement and the requirements to support class certification under Fed. R. Civ. P. 23; 28 STIPULATION AND [PROPOSED] ORDER -1- 1 WHEREAS, plaintiffs accordingly believe that their memorandum will need up to 50 pages 2 to address adequately their motion for preliminary approval of the settlement; 3 WHEREAS, Cintas takes no position regarding plaintiffs' request to file an oversized 4 supporting memorandum of up to 50 pages; 5 NOW THEREFORE, the parties, through their respective counsel of record, hereby stipulate 6 that plaintiffs' motion for preliminary approval of the proposed class and collective action settlement 7 shall be set for the afternoon of December 8, 2010, at such time as is convenient to the Court and 8 that plaintiffs shall be allowed to file a supporting memorandum in support of up to 50 pages. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * STIPULATION AND [PROPOSED] ORDER IT IS SO STIPULATED. DATED: October 5, 2010 ROBBINS GELLER RUDMAN & DOWD /s/ James A. Caputo James A. Caputo 655 Broadway, Suite 1900 San Diego, California 92101-4297 (619) 231-1058 - Office (619) 231-7423 - Fax Attorneys for Plaintiffs Paul Veliz et al. DATED: October 5, 2010 SQUIRE, SANDERS & DEMPSEY LLP ____________/s/ Mark C. Dosker__________ Mark C. Dosker 275 Battery Street, Suite 2600 San Francisco, CA 94111 Telephone: 415/954-0200 415/ 393-9887(Fax) Attorneys for Defendant Cintas Corporation * * -2- 1 2 3 O R D E R ON STIPULATION Having considered the parties' stipulation and finding good cause therefor, IT IS SO ORDERED. The preliminary approval hearing of the settlement of the above- 1 4 captioned litigation shall be set for __:__ p.m. on December 8, 2010 with the Honorable Richard 5 Seeborg, United States District Judge, presiding, and the preliminary approval hearing of the 6 settlement of the related arbitration may be held at the same time and in the same place with the 7 Honorable Bruce Meyerson, retired Judge of the Arizona Court of Appeal, presiding. 8 6 9 DATED: October __, 2010 _________________________ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER THE HONORABLE RICHARD SEEBORG UNITED STATES DISTRICT JUDGE -3-

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