Evangeline Red et al v. Unilever United States, Inc. et al

Filing 69

ORDER SETTING HEARING ON MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT. Motion and all supporting papers due by 9/3/2010. Motion Hearing set for 9/27/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Unilever PLC terminated. Please see Order for further specifics. Signed by Judge James Ware on 6/22/2010. (ecg, COURT STAFF) (Filed on 6/22/2010)

1 2 3 4 5 6 7 8 9 10 Evangeline Red, et al., v. Plaintiffs, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 10-00387 JW ORDER SETTING HEARING ON MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT

United United States District Court

11
For the Northern District of California

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

Unilever United States, Inc., et al., Defendants. /

On June 21, 2010, the Court conducted a hearing on Defendant Unilever United States, Inc.'s Motion to Dismiss.1 At the hearing, the parties represented that they have reached a tentative agreement resolving all claims on behalf of the putative class. In light of the settlement, the Court vacates all trial and pretrial dates and deems Defendant's Motion to Dismiss as withdrawn. On September 27, 2010 at 9 a.m., the Court will conduct a hearing on the parties' anticipated motion for preliminary approval of settlement. On or before September 3, 2010, the parties shall file the motion and all supporting papers.

Dated: June 22, 2010

JAMES WARE United States District Judge

(hereafter, "Motion," Docket Item Nos. 11, 41.) Defendant Unilever represents that the Motion is brought on behalf of itself and not Defendant Unilever PLC, since Defendant Unilever PLC had not yet been served at the time the Motion was filed. (Motion at n.1.) It appears that Defendant Unilever PLC was not subsequently served. (See Docket Item No. 40 at 2.) Since 120 days have passed since the filing of the Complaint on October 28, 2009, the Court DISMISSES Defendant Unilever PLC pursuant to Rule 4(m) of the Federal Rules of Civil Procedure.

1

1 2 3 4 5 6 7 8 9 10

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Elizabeth Lee Beck [e-mail] Gregory S Weston [e-mail] Gregory Steven Weston [e-mail] Janelle Jad Sahouria [e-mail] Jared Harrison Beck [e-mail] John Joseph Fitzgerald [e-mail] Michael Robert Reese [e-mail] William Lewis Stern [e-mail]

Dated: June 22, 2010

Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

11
For the Northern District of California

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