Taylor et al v. FedEx Freight, Inc.

Filing 101

ORDER Adopting 100 Stipulation to Continue Hearing on Motion for Preliminary Approval of Settlement and Case Management Conference. Case Management Conference set for 9/15/2011 01:30 PM. Motion Hearing set for 9/15/2011 01:30 PM before Hon. Lucy H. Koh. Signed by Judge Koh on 8/19/2011. (lhklc3, COURT STAFF) (Filed on 8/19/2011)

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KEITH A. JACOBY, Bar No. 150233
LITTLER MENDELSON
A Professional Corporation
2049 Century Park East
5th Floor
Los Angeles, CA 90067.3107
Telephone:
310.553.0308
MICHELLE B. HEVERLY, Bar No. 178660
ERICA H. KELLEY, Bar No. 221702
LITTLER MENDELSON
A Professional Corporation
50 W. San Fernando Street, 15th Floor
San Jose, CA 95113-2431

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Attorneys for Defendant
FEDEX FREIGHT, INC.

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LAW OFFICE OF MARY-ALICE COLEMAN
MARY-ALICE COLEMAN, SBN 98365
JAMES C. ASHWORTH, SBN 151272
1109 Kennedy Place, Suite 2
Davis, California 95616
Telephone: [phone]
Facsimile: [phone]
LAW OFFICES OF MICHAEL L. CARVER
MICHAEL L. CARVER, SBN 173633
MICHELLE M. LUNDE, SBN 246585
1600 Humboldt Road, Suite 3
Chico, California 95928
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs, ROY D. TAYLOR,
ARLETHA FLUD, THOMAS J. WOOD,
ERNEST C. HARVEY, II, individually,
and on behalf of all others similarly situated

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A P R O F E S S I ON A L C O RP O R AT I O N
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Case Number 5:10-CV-02118 LHK
JOINT STIPULATION AND PROPOSED ORDER REGARDING HEARING ON PRELIMINARY APPROVAL

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ROY D. TAYLOR, ARLETHA FLUD,
THOMAS J. WOOD, ERNEST C.
HARVEY, II, individually, and on behalf
of all other similarly situated,,
Plaintiff,

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v.

Case No. 5:10-CV-02118 LHK

JOINT STIPULATION AND
PROPOSED ORDER REGARDING
POSSIBLE CONTINUANCE OF
HEARING ON MOTION FOR
PRELIMINARY APPROVAL OF
SETTLEMENT

FEDEX FREIGHT, INC., an Arkansas
Corporation, and DOES 1 through 20,
inclusive,
Defendant.

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WHEREAS, the parties have reached a settlement of the above-entitled matter, and a

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Motion for Preliminary Approval of the class action settlement was filed by the Class on July 22,

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2011. On August 5, 2011, Defendant filed a Statement of Non-Opposition, indicating that it did not

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oppose the motion and attaching a final copy of the Stipulated Settlement Agreement.

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WHEREAS, on June 10, 2011, this Court issued an Order setting the hearing date on

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the Motion for Preliminary Approval for September 1, 2011. That Order indicated that the Court

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would rule on the papers if possible, and if a ruling on the papers was made, the hearing date would

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be vacated.

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WHEREAS, to the extent a hearing is required on the Motion for Preliminary

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Approval, it will require attendance of Class Counsel, Counsel for Defendant and Defendant’s

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General Counsel to work through any issues identified by the Court.

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WHEREAS, lead trial counsel for Defendant FedEx Freight, Inc., Keith Jacoby, is set

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for trial in a matter in the U.S. District Court for the Central District before Judge Margaret S.

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Morrow in the matter of Cordova v. Comerica Bank, Case No. 09-CV-08905 MMM (PLAx). That

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trial is set to commence on August 30, 2011 and is not expected to be concluded by September 1,

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L IT T LE R ME N DE LS O N
A P R O F E S S I ON A L C O RP O R AT I O N
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Case No. 5:10-CV-02118 LHK

JOINT STIPULATION AND PROPOSED ORDER REGARDING HEARING ON PRELIMINARY APPROVAL

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2011. All pre-trial work has been done on the case, and Judge Morrow has indicated that she is

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available for trial on the scheduled date.

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WHEREAS, Defendant’s General Counsel, Richard Goldaber, is also unavailable on
September 1, 2011, due to a previous commitment.

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and

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between Plaintiffs Roy Taylor, Arletha Flud, Thomas Wood and Ernest Harvey and Defendant

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FedEx Freight, Inc., through their respective counsel, and subject to approval by the Court, that to

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the extent a hearing on the pending Motion for Preliminary Approval of Class Action Settlement is

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necessary, the hearing shall be moved one week to September 8, 2011, or another mutually

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convenient date should the Court be unavailable on September 8, 2011.

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Conference, which is currently set for September 1, 2011, shall also be moved to the same date. The

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Parties will file a Joint Case Management Conference Statement by September 1, 2011.

The Case Management

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Dated: August 15, 2011

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/s/
MICHELLE B. HEVERLY
LITTLER MENDELSON
A Professional Corporation
Attorneys for Defendant
FEDEX FREIGHT, INC.

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Dated: August 15, 2011

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/s/
MICHAEL L. CARVER
LAW OFFICES OF MICHAEL L. CARVER
Attorneys for Plaintiffs

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L IT T LE R ME N DE LS O N
A P R O F E S S I ON A L C O RP O R AT I O N
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Case No. 5:10-CV-02118 LHK

JOINT STIPULATION AND PROPOSED ORDER REGARDING HEARING ON PRELIMINARY APPROVAL

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ORDER
The Court having reviewed the foregoing joint stipulation, IT IS HEREBY
ORDERED as follows:

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The Motion for Preliminary Approval of Class Settlement of the above captioned case shall

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be heard on September 15, 2011. The Case Management Conference shall be scheduled for
be heard on September 8, 2011.

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the same day. The Parties shall file a Case Management Conference Statement by September

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1, 2011.

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Dated: August ______, 2011
19, 2011
HONORABLE LUCY KOH

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Firmwide:103251181.1 057116.1001

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Case No. 5:10-CV-02118 LHK

JOINT STIPULATION AND PROPOSED ORDER REGARDING HEARING ON PRELIMINARY APPROVAL