Taylor et al v. FedEx Freight, Inc.

Filing 96

ORDER Granting Stipulated Extension of Time. Signed by Judge Lucy H. Koh on 7/14/2011. (lhklc2, COURT STAFF) (Filed on 7/15/2011)

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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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L IT T LE R ME N DE LS O N
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Case Number 5:10-CV-02118 LHK
JOINT STIPULATION AND PROPOSED ORDER REGARDING MODIFYING SCHEDULING ORDER

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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
THE MOTION FOR PRELIMINARY
APPROVAL OF CLASS
SETTLEMENT FILING DEADLINE
AS MODIFIED

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

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WHEREAS, the parties were previously ordered by this Court on June 10, 2011 to

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file the Motion for Preliminary Approval of Class Settlement by July 15, 2011 with a hearing date

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set for September 1, 2011;

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WHEREAS, the information regarding the breakdown of class members in various

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positions and the number of work weeks in each position is a relevant fact necessary for Plaintiffs’

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Motion for Preliminary Approval of the Settlement Agreement;

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WHEREAS, Defendant FedEx Freight, Inc. has been diligently working on getting

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the complete information regarding the class members to incorporate into Plaintiffs’ motion, but has

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not completed that task;

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WHEREAS, the parties believe a one week extension is necessary to finish gathering

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the necessary information, incorporate it into the papers and finalize the papers related to the Motion

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for Preliminary Approval of Class Settlement.

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management conference and the hearing date previously set by this Court shall remain on calendar.

The parties further stipulate that the case

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L IT T LE R ME N DE LS O N
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Case No. 5:10-CV-02118 LHK

JOINT STIPULATION AND PROPOSED ORDER REGARDING MODIFYING SCHEDULING ORDER

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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 the

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date to file the Motion for Preliminary Approval of Class Settlement be extended to July 22, 2011.

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There have been no prior requests for extension of this filing deadline, and continuation of the filing

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date to July 22, 2011, does not affect the August 10, 2011 case management conference date or the

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September 1, 2011 hearing date previously set by the Court. Further extensions will be disfavored.

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Dated: July 13, 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: July 13, 2011

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

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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 must

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filed by July 22, 2011.

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Order shall remain on calendar.

All other deadlines previously set by the Court’s June 10, 2011

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Dated: July ______, 2011

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Firmwide:102749664.1 057116.1001

HONORABLE LUCY KOH

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L IT T LE R ME N DE LS O N
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Case No. 5:10-CV-02118 LHK

JOINT STIPULATION AND PROPOSED ORDER REGARDING MODIFYING SCHEDULING ORDER