Lum et al v. Service Employees International Union Local 521 et al

Filing 47

ORDER by Judge Lucy H. Koh granting 46 Request to Suspend Litigation Dates and setting hearing date for the Motion for Settlement Class Certification and Motion for Preliminary Approval. (lhklc3, COURT STAFF) (Filed on 10/19/2015)

1
2
3
4
5
6
7
8
9

ANNE I. YEN, Bar No. 187291
KERIANNE R. STEELE, Bar No. 250897
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone: [phone]
Facsimile: [phone]
E-Mails: [e-mail]; [e-mail]
JEFFREY B. DEMAIN, Bar No. 126715
SCOTT A. KRONLAND, Bar No. 171693
Altshuler Berzon LLP
177 Post Street, Suite 300
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
E-Mails: [e-mail]; [e-mail]

10
Attorneys for Defendant SEIU LOCAL 521
11
12
13
14
15
16

ORRY P. KORB, County Counsel, Bar No. 114399
NANCY J. CLARK, Lead Deputy County Counsel, Bar No. 157839
OFFICE OF THE COUNTY COUNSEL
70 West Hedding Street, East Wing, Ninth Floor
San Jose, California 95110-1770
Telephone: [phone]
Facsimile: [phone]
E-Mails: [e-mail]; [e-mail]

17

Attorneys for Defendants COUNTY OF SANTA CLARA &
CONTROLLER-TREASURER ALAN MINATO

18

[Additional counsel listed on next page]

19
IN THE UNITED STATES DISTRICT COURT
20
FOR THE NORTHERN DISTRICT OF CALIFORNIA
21
22

JEFFREY LUM, et al.,
Plaintiffs,

23
24
25
26

No. 14-CV-05230 LHK

v.
SERVICE EMPLOYEES INTERNATIONAL
UNION, LOCAL 521, et al.,

NOTICE OF SETTLEMENT AND
REQUEST TO SUSPEND LITIGATION
DATES AND [PROPOSED] ORDER
Judge: Hon. Lucy H. Koh

Defendants.

27
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

NOTICE OF SETTLEMENT AND REQUEST TO SUSPEND LITIGATION DATES AND [PROPOSED]
ORDER, Case No. 14-CV-05230 LHK

1

Additional counsel (continued from first page):

2

STEVEN R. BURLINGHAM (Bar No. 88554)
GARY, TILL AND BURLINGHAM
5330 Madison Avenue, Suite F
Sacramento, California 95841
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

3
4
5
6
7
8
9
10
11
12

Milton L. Chappell, Esq. (D.C. Bar No. 936153)
Nathan J. McGrath, Esq. (Pa. Bar No. 308845)
(admitted pro hac vice)
c/o National Right to Work Legal
Defense Foundation, Inc.
8001 Braddock Road, Suite 600
Springfield, Virginia 22151
Telephone: [phone]
Facsimile: [phone]
E-mails: [e-mail]; [e-mail]
Attorneys for Plaintiffs Jeffrey Lum and Andrew Li,
and the Class They Seek to Represent

13
14
15

TO THE HONORABLE COURT:
Pursuant to the Parties’ Third Joint CMS, ECF No. 42, filed on August 26, 2015, the

16

Parties hereby give notice to the Court that they have reached a fully executed Settlement

17

Agreement and Release (“Settlement Agreement”) as of October 15, 2015, a true and correct

18

copy of which is attached hereto as Exhibit A. As stated in their Settlement Agreement, Plaintiffs

19

will file a motion for settlement class certification and related documents in conjunction with the

20

Parties’ motion for preliminary approval of the Settlement Agreement, which will be filed on or

21

before November 30, 2015, forty-five (45) days subsequent to the full execution of the Settlement

22

Agreement. The Parties will then pursue final approval in accordance with the procedures set

23

forth on the Court’s website, found at www.cand.uscourts.gov/ClassActionSettlementGuidence.

24

The Parties request that the Court issue an order suspending the litigation dates it set forth

25

in its September 2, 2015 Case Management Order, ECF No. 43, so that the Parties can focus their

26

attention and resources on seeking final approval of the Settlement Agreement.

27
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

1
NOTICE OF SETTLEMENT AND REQUEST TO SUSPEND LITIGATION DATES AND [PROPOSED]
ORDER, Case No. 14-CV-05230 LHK

1

Dated: October 16, 2015

2
By:

3
4
5
6

JEFFREY B. DEMAIN
SCOTT A. KRONLAND
Altshuler Berzon LLP
177 Post Street, Suite 300
San Francisco, California 94108
Phone: [phone]
Facsimile: [phone]

7
8
9
10
11

Attorneys for Defendant SEIU Local 521
Dated: October 16, 2015

12
By:
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

WEINBERG, ROGER & ROSENFELD
A Professional Corporation
/s/ Kerianne R. Steele
KERIANNE R. STEELE
Weinberg, Roger & Rosenfeld
1001 Marina Village Parkway, Suite 200
Alameda, CA 94501
Phone: [phone]
Facsimile: [phone]

Dated: October 16, 2015
By:

COUNTY OF SANTA CLARA
/s/ Nancy Clark
NANCY CLARK
ORRY P. KORB
Santa Clara County Office of County Counsel
70 West Hedding St 9th Floor
San Jose, CA 95110
Phone: [phone]
Facsimile: [phone]
Attorneys for Defendants County of Santa Clara
and Alan Minato, as Controller-Treasurer, County
of Santa Clara
/s/ Nathan J. McGrath
NATHAN J. MCGRATH (admitted pro hac vice)
MILTON L. CHAPPELL
c/o National Right to Work Legal Defense
Foundation, Inc.
8001 Braddock Rd., Suite 600
Springfield, VA 22151
Phone: [phone]
Facsimile: [phone]
STEVEN R. BURLINGHAM
Gary, Till & Burlingham
5330 Madison Avenue, Suite F
Sacramento, CA 95841
Phone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs Jeffrey Lum; Andrew Li;
and the Class They Seek to Represent

28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

2
NOTICE OF SETTLEMENT AND REQUEST TO SUSPEND LITIGATION DATES AND [PROPOSED]
ORDER, Case No. 14-CV-05230 LHK

1
2

[PROPOSED] ORDER
Having duly considered the Parties’ Notice of Settlement and Request to Suspend

3

Litigation Dates, it is ORDERED that the Parties should proceed as they indicate they will in

4

order to pursue final approval of their Settlement Agreement and that the litigation dates set forth

5

in the Court’s September 2, 2015 Case Management Order are indefinitely suspended.

6
7

The Court makes the further orders stated below:

10

______________________________________________________________________________
The Motion for Settlement Class Certification and the Motion for Preliminary Approval will be
heard on February 18, 2016, at 1:30 p.m. The Motion for Preliminary Approval and accompanying
______________________________________________________________________________
proposed order should contain a comprehensive analysis of why the settlement meets the standards
______________________________________________________________________________
for preliminary approval. The December 16, 2015 case management conference remains as set.
_______________________________________________________________________

11

IT IS SO ORDERED.

8
9

12
13
14

Dated: October 19, 2015

__________________________________________
LUCY H. KOH
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
WEINBERG, ROGER &
ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
[phone]

3
NOTICE OF SETTLEMENT AND REQUEST TO SUSPEND LITIGATION DATES AND [PROPOSED]
ORDER, Case No. 14-CV-05230 LHK