Paulsen et al v. CNF, Inc et al

Filing 334

***PLEASE DISREGARD - DUPLICATE ENTRY*** ORDER FOLLOWING HEARING Motions due by 7/11/2011, Oppositions due by 7/25/11 and replies due by 8/1/11. Signed by Judge James Ware on 6/21/11. (sis, COURT STAFF) (Filed on 6/23/2011) Modified on 6/23/2011 (sis, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
NO. C 03-03960 JW

Thomas A. Paulsen, et al.,

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ORDER FOLLOWING HEARING

Plaintiffs,
v.

For the Northern District of California

United States District Court

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CNF, Inc., et al.,
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Defendants.
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/
On June 20, 2011, the Court conducted a hearing on the parties’ Motion for Preliminary

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Approval of Class Action Settlement. (See Docket Item No. 329.) Counsel for both parties were

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present. At the hearing, the Pension Benefit Guarantee Corporation (“PBGC”) informed the Court

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of its intent to file a motion for attorney fees. Both PBGC and the parties were unsure how the

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potential motion for attorney fees would impact the Settlement, if at all. In light of PBGC’s

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ambivalence as to whether the motion would impact the Settlement, the Court stated on the record

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that it first intended to preliminarily approve the Settlement, and that it would only stay mailing of

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class notice should PBGC move for fees to be taken from the Settlement Fund.

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Accordingly, as stated on the record at the hearing, the Court ORDERS as follows:

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(1)

On or before July 11, 2011, PBGC shall file its Motion for Attorney Fees, if any. In

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its Motion, PBGC shall address: (a) from whom it is seeking fees and the legal basis;

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and (b) the timeliness of the motion and why no earlier motion was filed.

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(2)

On or before July 25, 2011, the parties shall file any Oppositions.

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(3)

On or before August 1, 2011, PBGC shall file its Reply, if any.

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Unless otherwise indicated by the Court, upon completion of the briefing, the Court will take

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the matter under submission for decision without oral argument. See Civ. L.R. 7-1(b).

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Dated: June 21, 2011
JAMES WARE
United States District Chief Judge

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For the Northern District of California

United States District Court

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO:

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Andrew Lah [e-mail]
Carole Vigne [e-mail]
Cassie Springer-Sullivan [e-mail]
Catha Alison Worthman [e-mail]
Charles S. Birenbaum [e-mail]
David L. Bacon [e-mail]
Ellen M. Papadakis [e-mail]
George A. Riley [e-mail]
Jahan C. Sagafi [e-mail]
James M. Finberg [e-mail]
Karl Olson [e-mail]
Lisa T. Belenky [e-mail]
Marian C Miller [e-mail]
Michael Christian Hallerud [e-mail]
Robert Spagat [e-mail]
Robert Edwin Mangels [e-mail]
Sherwin S. Kaplan [e-mail]
Steven M. Tindall [e-mail]
Susan J. Allison [e-mail]
Teresa Renaker [e-mail]
Vicente Matias Murrell [e-mail]
Vincent Cheng [e-mail]

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For the Northern District of California

United States District Court

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Dated: June 21, 2011

Richard W. Wieking, Clerk

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By:
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/s/ JW Chambers
Susan Imbriani
Courtroom Deputy