Fiori et al v. Dell, Inc, et al

Filing 165

STIPULATION AND ORDER AS MODIFIED BY THE COURT re 164 Stipulation. Set/Reset Deadlines as to 164 Stipulation. Joint Motion for Preliminary Approval and supporting documents due 10/11/2010. Motion Hearing set for 10/25/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 9/28/2010. (ecg, COURT STAFF) (Filed on 9/28/2010)

Fiori et al v. Dell, Inc, et al

Doc. 165

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Sean P. DeBruine (SBN 168071) ALSTON & BIRD LLP Two Palo Alto Square 3000 El Camino Real, Ste 400 Palo Alto, CA 94306-2112 Phone: [phone] Fax: [phone] [e-mail] Kristine M. Brown (Georgia SBN 480189) Matthew D. Richardson (Georgia SBN 231474) ALSTON & BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, GA 30309-3424 Phone: [phone] Fax: [phone] [e-mail] [e-mail] Paul Schlaud (Texas SBN 24013469) Matthew H. Frederick (Texas SBN 24040931) Reeves & Brightwell 221 West Sixth Street, Ste 1000 Austin, TX 78701-3410 Phone: [phone] Fax: [phone] [e-mail] [e-mail]

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VIVIAN FIORI ARIZA, and ROGGIE TRUJILLO, Plaintiffs, v. DELL INC., et al., Defendants. Case No. 09 CV 01518 JW STIPULATION TO RESCHEDULE HEARING DATE FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT AND TO RESCHEDULE DATE FOR SUBMISSION OF PRELIMINARY APPROVAL MOTION; [PROPOSED] ORDER CLASS ACTION Assigned to the Honorable Judge James Ware, Courtroom 8 Action filed April 7, 2009

STIPULATION TO RESCHEDULE HEARING DATE Case No. 09-CV-01518JW

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WHEREAS, in their Stipulation to Stay Case, filed April 12, 2010, the parties requested that the Court vacate all pending briefing deadlines and hearing dates and stay this case for 60 days to facilitate mediation; WHEREAS, in their Stipulation to Extend Stay of Case, filed June 10, 2010, the parties requested that the stay of this case be extended for a period of 33 days, until July 15, 2010, at which time the parties would advise the Court of the status of settlement discussions and request a further stay, if appropriate. WHEREAS, in a Joint Status Report filed July 15, 2010, the parties informed the Court that they had reached a settlement in principle to resolve this case; WHEREAS, on September 15, 2010, the Court entered an Order Vacating Preliminary Pretrial Conference and Setting Hearing for Preliminary Approval of Class Settlement; WHEREAS, in its September 15, 2010 Order the Court set October 18, 2010 at 9:00 a.m as the hearing date for Preliminary Approval of Class Settlement, and further Ordered that the parties shall file their Joint Motion for Preliminary Approval and all supporting documents on October 4, 2010; WHEREAS, the parties are still negotiating the details of the settlement and are not yet in a position to execute a formal Settlement Agreement ; in addition, Counsel for Dell is not available for the preliminary hearing on October 18, 2010, THEREFORE, the parties hereby stipulate, subject to Court approval, that the hearing date for Preliminary Approval of Class Settlement be set for October 25, 2010, and that the Joint Motion for Preliminary Approval and all supporting documents shall be filed on October 11, 2010.

STIPULATION TO RESCHEDULE HEARING DATE Case No. 09-CV-01518JW

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DATED this 24th day of Sept., 2010

Respectfully submitted, REEVES & BRIGHTWELL L.L.P. By /s/ Paul Schlaud Paul Schlaud Matthew H. Frederick ATTORNEYS FOR DEFENDANTS DELL INC., DELL CATALOG SALES, L.P., DELL PRODUCTS, L.P., DELL MARKETING L.P., DELL MARKETING L.P., LLC, DELL MARKETING G.P., LLC, AND DELL USA L.P.

DATED this 24th day of Sept., 2010

STRANGE & CARPENTER By /s/Gretchen Carpenter Brian R. Strange Gretchen Carpenter ATTORNEYS FOR PLAINTIFFS VIVIAN FIORI ARIZA and ROGGIE TRUJILLO

DATED this 24th day of Sept., 2010

ROBERTS RASPE & BLANTON, LLP By /s/Michael Blanton Michael Blanton ATTORNEYS FOR DEFENDANTS BANCTEC, INC. AND WORLDWIDE TECH SERVICES, LLC

PURSUANT TO STIPULATION IT IS ORDERED THAT THE HEARING FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT IS SET FOR OCTOBER 25, 2010, at 9:00 am. THE MOTION FOR PRELIMINARY APPROVAL AND AND SUPPORTING AND THE JOINTJOINT MOTION FOR PRELIMINARY APPROVALSUPPORTING DOCUMENTS SHALL BE FILED OCTOBER 11, 2010. September 28 DATED: __________________, 2010 ________________________________ The Honorable James Ware United States District Court Judge

STIPULATION TO RESCHEDULE HEARING DATE Case No. 09-CV-01518JW

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FILER'S ATTESTATION Pursuant to General Order No. 45, Section X(B) regarding signatures, I, Paul Schlaud, attest that concurrence in the filing of this document has been obtained from Gretchen Carpenter and Michael Blanton. By: /s/ Paul Schlaud Paul Schlaud

STIPULATION TO RESCHEDULE HEARING DATE Case No. 09-CV-01518JW

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STIPULATION TO RESCHEDULE HEARING DATE Case No. 09-CV-01518JW

PROOF OF SERVICE I, the undersigned, declare that I am a resident of the State of Texas, over the age of eighteen years and not a party to the within action. My business address is Reeves & Brightwell, 221 W. 6th Street, Suite 1000, Austin, TX 78701. On September 24, 2010, I served the following document: STIPULATION TO RESCHEDULE HEARING DATE FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT AND TO RESCHEDULE DATE FOR SUBMISSION OF JOINT MOTION FOR PRELIMINARY APPROVAL; [PROPOSED] ORDER _X_ ELECTRONIC FILING: the within document, the automatically generated notification for which constitutes service pursuant to General Order 45, Section IX(A) and (B). Brian R. Strange [e-mail] Gretchen Carpenter [e-mail] STRANGE & CARPENTER 12100 Wilshire Blvd., Suite 1900 Los Angeles, CA 90025 Telephone: [phone] Fax: [phone] Attorneys for Plaintiffs Randall S. Rothschild [e-mail] 12100 Wilshire Blvd., Suite 800 Los Angeles, CA 90025 Telephone: [phone] Fax: [phone] Attorney for Plaintiffs ___ MAIL: by placing a true copy thereof, addressed as set forth below and enclosed in a sealed envelope with postage thereon fully prepaid and deposited for collection and mailing with the U.S. Postal Service pursuant to the ordinary business practice of this office. ___ FACSIMILE TRANSMISSION: a true and correct copy transmitted via facsimile to each addressee listed below. I declare under penalty of perjury under the laws of the State of Texas that the above is true and correct. Executed in Austin, Texas on September 24, 2010. /s/ Paul Schlaud Paul Schlaud Michael S. Blanton [e-mail] ROBERTS, RASPE & BLANTON LLP Union Bank Plaza 445 South Figueroa Street Suite 3200 Los Angeles, California 90071 Telephone: [phone] Fax: [phone] Attorney for Defendants BancTec, Inc. and QualxServ, LLC

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