Halpain v. Adobe Systems Inc.

Filing 102

ORDER VACATING MOTION HEARING AND CASE MANAGEMENT CONFERENCE, AND TO FILE STIPULATION AMENDING SETTLEMENT AGREEMENT. Signed by Judge Lucy H. Koh on 8/12/2015. (lhklc3, COURT STAFF) (Filed on 8/12/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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Before the Court are Plaintiffs’ motion for voluntary dismissal of putative class claims

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IN RE ADOBE SYSTEMS, INC. PRIVACY
LITIGATION

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Case No. 13-CV-05226-LHK
ORDER VACATING MOTION
HEARING AND CASE
MANAGEMENT CONFERENCE, AND
TO FILE STIPULATION AMENDING
SETTLEMENT AGREEMENT

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pursuant to settlement, see ECF No. 87, as well as Plaintiffs’ attendant administrative motion to

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seal, see ECF No. 86, and motion for approval of attorney’s fees, see ECF No. 97. The Court finds

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these matters suitable for decision without oral argument under Civil Local Rule 7-1(b) and hereby

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VACATES the motion hearing and case management conference set for August 13, 2015, at 1:30

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p.m.

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Having reviewed the parties’ Settlement Agreement, the Court noticed a small error. The

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introductory paragraph to Part III.A of the Settlement Agreement says: “This Agreement shall be

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conditioned upon and shall be effective only upon the occurrence of all of the following events.”

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ECF No. 87-2 at 13. One of those “events,” Part III.A.1 then states, is that “Lead Plaintiffs’

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Counsel shall move the Court on or before May 28, 2015 for an Order Granting Approval of the

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Voluntary Dismissal of Putative Class Claims, and such motion is granted by the Court.” Id.
Case No. 13-CV-05226-LHK
ORDER VACATING MOTION HEARING AND CASE MANAGEMENT CONFERENCE, AND TO FILE
STIPULATION AMENDING SETTLEMENT AGREEMENT

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(emphasis added). The problem is that even though Plaintiffs’ counsel anticipated filing the

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motion for approval of voluntary dismissal of putative class claims pursuant to settlement by May

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28, 2015, see ECF No. 79, Plaintiffs did not file their motion until June 9, 2015, see ECF No. 87.

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Accordingly, the Court hereby ORDERS the parties to file a stipulation amending Part

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III.A.1 of the Settlement Agreement to substitute “June 9, 2015” for “May 28, 2015.” The parties

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shall file their stipulation no later than August 13, 2015.

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IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: August 12, 2015

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LUCY H. KOH
United States District Judge

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Case No. 13-CV-05226-LHK
ORDER VACATING MOTION HEARING AND CASE MANAGEMENT CONFERENCE, AND TO FILE
STIPULATION AMENDING SETTLEMENT AGREEMENT