Tran v. SVTC Technologies, Inc et al

Filing 16

ORDER GRANTING 15 Notice (Other) filed by Hoa Tran. The 4/26/2013 Case Management Conference is VACATED. Deadline to file Motion for Preliminary Approval of Class Action Settlement due by 5/3/2013. Plaintiff shall contact the Courtroom Deputy to reserve the hearing date prior to filing the motion for preliminary approval. ***4/26/2013 CMC Deadlines terminated. Signed by Judge Edward J. Davila on 4/19/2013. (ecg, COURT STAFF) (Filed on 4/19/2013)

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Eric H. Gibbs (California Bar No. 178658)
Matthew B. George (California Bar No. 239322)
Scott Grzenczyk (California Bar No. 279309)
GIRARD GIBBS LLP
601 California Street, 14th Floor
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Counsel for Individual and Representative Plaintiff Hoa Tran

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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HOA TRAN,
Plaintiff,

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CASE NO: 5:12-CV-04970-EJD
CLASS ACTION

v.
SVTC TECHNOLOGIES, INC.; SVTC
NOTICE OF PROPOSED SETTLEMENT
SOLAR, INC.; SVTC TECHNOLOGIES, LLC, OF CLASS ACTION AND STIPULATION
TO TAKE APRIL 26, 2013, CASE
Defendants.
MANAGEMENT CONFERENCE OFF
CALENDAR

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NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
AND STIPULATION TO TAKE CMC OFF CALENDAR
Tran v. SVTC Technologies, Inc., Case no. 5:12-cv-04970-EJD

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It is hereby stipulated and agreed between Plaintiff and Defendants, acting by and through

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their duly authorized counsel of record, that the parties have reached a proposed class action

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settlement, and hereby request that the Court take the initial Case Management Conference

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currently scheduled for April 26, 2013 at 10:00 A.M. in Courtroom 4, 5th Floor, U.S. Courthouse,

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San Jose, California, off calendar, and Plaintiff will file a motion to preliminary approve the

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settlement no later than May 3, 2013.

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As the parties previously informed the Court on March 7, 2013, Defendant SVTC

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Technologies, LLC has assigned all of its assets to a liquidation company for the benefit of its

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creditors; Defendant SVTC Solar, Inc. has sold its assets to the State University of New York; and

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their parent company, Defendant SVTC Technologies, Inc. similarly intends to liquidate. Despite

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the dissolution of the Defendants, the parties have negotiated a proposed settlement that would

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resolve the litigation in its entirety and provide monetary relief for class members. At the time of

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our last update to the Court, the parties were working through some logistical issues to ascertain

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the class and obtain payroll data to facilitate distributing the settlement. The parties have now

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completed that process and are documenting the settlement. Accordingly, Plaintiffs intend to file a

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motion for preliminary approval of the settlement pursuant to Federal Rule of Civil Procedure 23

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by May 3, 2013, and therefore request the current initial case management conference be taken off

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calendar.

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DATED: April 19, 2013

RESPECTFULLY SUBMITTED,

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MATTHEW B. GEORGE
GIRARD GIBBS LLP

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By:

/s/
Matthew B. George
[e-mail]
Attorneys for Plaintiff Hoa Tran

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NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
AND STIPULATION TO TAKE CMC OFF CALENDAR
Tran v. SVTC Technologies, Inc., Case no. 5:12-cv-04970-EJD

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STEVEN M. SCHNEIDER
GERALD T. HATHAWAY
MITCHELL SILBERBERG & KNUPP LLP

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By:

/s/
Steven M. Schneider
[e-mail]
Gerald T. Hathaway (Pro Hac Vice)
[e-mail]
Attorneys for Defendants
SVTC Technologies, Inc., SVTC Solar, Inc.,
SVTC Technologies, LLC

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NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
AND STIPULATION TO TAKE CMC OFF CALENDAR
Tran v. SVTC Technologies, Inc., Case no. 5:12-cv-04970-EJD

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[PROPOSED] ORDER
XXXXXXXX

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FOR GOOD CAUSE SHOWN, the initial Case Management Conference currently

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scheduled for April 26, 2013, at 10:00 A.M. in Courtroom 4, 5th Floor, U.S. Courthouse, San

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Jose, California, is hereby taken off calendar. Plaintiff shall file his motion for preliminary

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approval of the parties’ proposed class action settlement pursuant to Federal Rule of Civil

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Procedure 23 by May 3, 2013. Plaintiff shall contact the Courtroom Deputy to reserve the

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hearing date prior to filing the motion for preliminary approval.

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DATED: April ___ 2013

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_______________________________________
Edward J. Davila
U.S. District Judge

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[PROPOSED] ORDER