Baker v. Seaworld Entertainment, Inc. et al

Filing 520

ORDER Granting 519 Class Representatives' Unopposed Ex Parte Motion to Extend Notice Deadlines. Signed by Judge Michael M. Anello on 3/16/2020. (tcf)

1
2
3
4
5
6
7
8
9

UNITED STATES DISTRICT COURT

10

SOUTHERN DISTRICT OF CALIFORNIA

11
12

Case No.: 14cv2129-MMA (AGS)

LOU BAKER, individually and on behalf
of all others similarly situated,

13

ORDER GRANTING CLASS
REPRESENTATIVES’ UNOPPOSED
EX PARTE MOTION TO EXTEND
NOTICE DEADLINES

Plaintiff,

14

v.

15

SEAWORLD ENTERTAINMENT, INC.,
et al.,

16
17

[Doc. No. 519]

Defendants.

18
19
20

On March 13, 2020, Class Representatives, Arkansas Public Employees

21

Retirement System and Pensionskassen For Børne-Og Ungdomspaedagoger (collectively,

22

“Class Representatives”), filed an ex parte motion to extend the current notice deadlines

23

set forth in the Court’s Order Granting Class Representatives’ Unopposed Motion for

24

Preliminary Approval of Class Action Settlement and Authorizing Dissemination of

25

Notice of the Settlement to the Class (“Preliminary Approval Order” or “PAO”) (Doc.

26

No. 518). See Doc. No. 519. Epiq Class Action & Claims Solutions, Inc. (“Epiq”),

27

retained to administer the Settlement of the Action as the Claims Administrator,

28

experienced a cyber incident on February 29, 2020, which required it to take its systems
-1-

14cv2129-MMA (AGS)

1

offline. See id. As a result, Epiq is unable to disseminate notice under the current

2

deadlines established by the Preliminary Approval Order. See id. Class Representatives

3

request a thirty-day extension for Epiq to perform its notice obligations. See id.

4

Defendants do not oppose the motion. See id.

5

Upon due consideration, good cause appearing, the Court GRANTS Class

6

Representatives’ unopposed ex parte motion. The new deadline for mailing, or emailing,

7

the Postcard Notice to potential Class Members and mailing the Notice and Claim Form

8

to brokers and nominees is April 17, 2020. PAO ¶ 4(a). Relatedly, the website for the

9

Action, www.SeaWorldSecuritiesLitigation.com, will be updated contemporaneously

10

with the mailing of the Postcard Notice, including the posting of downloadable copies of

11

the Notice and Claim Form. PAO ¶ 4(b). The new deadline for publishing the Summary

12

Notice is April 27, 2020. PAO ¶ 4(c).

13

All other dates established pursuant to the Preliminary Approval Order, including

14

the date of the Settlement Fairness Hearing, are not altered by this Order and remain as

15

follows: (i) Class Counsel’s briefing in support of final approval of Settlement, Plan of

16

Allocation, and motion for attorneys’ fees and Litigation Expenses is due no later than

17

June 17, 2020 (PAO ¶ 22); (ii) the deadline for appearances and objections is

18

July 1, 2020 (PAO ¶¶ 12 & 13); (iii) Class Counsel’s reply papers are due no later than

19

July 15, 2020 (PAO ¶ 22), (iv) the deadline for submission of Claim Forms is

20

July 16, 2020 (PAO ¶ 8); and (v) the Settlement Fairness Hearing is July 22, 2020 at

21

10:00 a.m.

22
23

IT IS SO ORDERED.

24
25
26
27

Dated: March 16, 2020

_____________________________
HON. MICHAEL M. ANELLO
United States District Judge

28
-2-

14cv2129-MMA (AGS)