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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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION NO. C 03-03960 JW Thomas A. Paulsen, et al., 11 ORDER FOLLOWING HEARING Plaintiffs, v. For the Northern District of California United States District Court 10 12 CNF, Inc., et al., 13 Defendants. 14 15 / On June 20, 2011, the Court conducted a hearing on the parties’ Motion for Preliminary 16 Approval of Class Action Settlement. (See Docket Item No. 329.) Counsel for both parties were 17 present. At the hearing, the Pension Benefit Guarantee Corporation (“PBGC”) informed the Court 18 of its intent to file a motion for attorney fees. Both PBGC and the parties were unsure how the 19 potential motion for attorney fees would impact the Settlement, if at all. In light of PBGC’s 20 ambivalence as to whether the motion would impact the Settlement, the Court stated on the record 21 that it first intended to preliminarily approve the Settlement, and that it would only stay mailing of 22 class notice should PBGC move for fees to be taken from the Settlement Fund. 23 Accordingly, as stated on the record at the hearing, the Court ORDERS as follows: 24 (1) On or before July 11, 2011, PBGC shall file its Motion for Attorney Fees, if any. In 25 its Motion, PBGC shall address: (a) from whom it is seeking fees and the legal basis; 26 and (b) the timeliness of the motion and why no earlier motion was filed. 27 28 1 (2) On or before July 25, 2011, the parties shall file any Oppositions. 2 (3) On or before August 1, 2011, PBGC shall file its Reply, if any. 3 Unless otherwise indicated by the Court, upon completion of the briefing, the Court will take 4 the matter under submission for decision without oral argument. See Civ. L.R. 7-1(b). 5 6 7 Dated: June 21, 2011 JAMES WARE United States District Chief Judge 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: 2 Andrew Lah Carole Vigne Cassie Springer-Sullivan Catha Alison Worthman Charles S. Birenbaum David L. Bacon Ellen M. Papadakis George A. Riley Jahan C. Sagafi James M. Finberg Karl Olson Lisa T. Belenky Marian C Miller Michael Christian Hallerud Robert Spagat Robert Edwin Mangels Sherwin S. Kaplan Steven M. Tindall Susan J. Allison Teresa Renaker Vicente Matias Murrell Vincent Cheng 3 4 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 Dated: June 21, 2011 Richard W. Wieking, Clerk 15 By: 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ JW Chambers Susan Imbriani Courtroom Deputy

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