Shultz v. Hyatt Vacation Marketing Corporation et al

Filing 89

ORDER REGARDING NOTICE OF WITHDRAWAL OF MOTION FOR CLASS CERTIFICATION. Signed by Judge Lucy H. Koh on 8/29/2011. (lhklc2, COURT STAFF) (Filed on 8/29/2011) Modified on 8/30/2011 (tsh, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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JEANNE SHULTZ,
Plaintiff,
v.
HYATT VACATION MARKETING
CORPORATION, ET AL.,

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Defendants.

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Case No.: 10-CV-04568-LHK
ORDER REGARDING NOTICE OF
WITHDRAWAL OF MOTION FOR
CLASS CERTIFICATION

Plaintiffs have filed a Notice for Withdrawal of Class Certification. Because the Notice of
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Withdrawal was filed after 7 days after service of Defendants’ Opposition papers, Plaintiffs’
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motion is DENIED without prejudice. See Local R. 7-7(e).
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However, the hearing date on Plaintiff’s Motion for Class Certification currently set for
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September 1, 2011 is VACATED and RESET for Tuesday, November 8, 2011.

Plaintiffs must

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file the Motion for Preliminary Approval of Proposed Class Settlement and Notice Plan by October
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13, 2011 in accordance with Fed. R. Civ. P. 23(e) and the applicable Local Rules. When Plaintiffs
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file the Motion for Preliminary Approval, they should also refile their Notice of Withdrawal of
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Class Certification. At that time the Court will reset the November 8, 2011 hearing as a hearing on
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the Motion for Preliminary Approval. If Plaintiffs do not file the Motion for Preliminary Approval
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by October 13, 2011, the November 8 hearing will proceed as a hearing on the Plaintiffs’ Class
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Certification Motion.
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Case No.: 10-CV-04568-LHK
ORDER REGARDING NOTICE OF WITHDRAWAL OF MOTION FOR CLASS CERT.

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Dated: August 29, 2011
Hon. Lucy H. Koh
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 10-CV-04568-LHK
ORDER REGARDING NOTICE OF WITHDRAWAL OF MOTION FOR CLASS CERT.