UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
July 2, 2008
LINDA YOUNG, MIKE SAFAIE, AND JANICE KEVARI, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
CHARLES SCHWAB & CO., INC., DEFENDANT.
The opinion of the court was delivered by: Claudia Wilken U.S. District Court Judge
STIPULATION AND ORDER APPROVING RE-SENDING OF CLASS NOTICE AND APPROVING OF LANGUAGE FOR COVER LETTER TO ACCOMPANY SAME
Plaintiffs Linda Young and Mike Safaie ("Plaintiffs") and Defendant Charles Schwab & Co. ("Defendant") (jointly "the Parties"), by and through their undersigned counsel, enter into the following Stipulation:
WHEREAS, on March 13, 2008, the Court approved of the language for, and sending of, Notices of Pendency of Class Action and Opportunity to Opt-In ("Notice") to Class Members in the above captioned case.
WHEREAS, said Notices were initially mailed to Class Members on or about May 2, 2008 by settlement administrator Rust Consulting, Inc.
WHEREAS, to date, approximately 58 percent of Class Members have not yet responded to the Notice.
WHEREAS, the deadline for submitting a Consent to Join and Claim Form or an Exclusion Form is July 31, 2008.
WHEREAS, the Parties would like to ensure that all Class Members received copies of said Notices and are aware of their rights under the settlement.
NOW, THEREFORE, the Parties hereby stipulate to re-send identical copies of Notices to Class Members to be accompanied by a cover letter, the language for which is set forth in Exhibit A hereto.
IT IS SO STIPULATED.
DOSTART CLAPP GORDON & COVENEY
James F. Clapp Attorneys for Plaintiffs
MCINERNEY & JONES
Kevin J. McInerney Attorneys for Plaintiffs
DATED: July 1, 2008 SEYFARTH SHAW LLP
Diana Tabacopoulos Attorneys for Defendant CHARLES SCHWAB & CO., INC.
(I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document.)
IT IS HERBY ORDERED:
1. The Parties are permitted to re-send identical Notices of Pendency of Class Action and Opportunity to Opt-In to Class Members who have not yet responded to the Notice.
2. Notices may be accompanied by a cover letter, the language for which is set forth in Exhibit A to this Order.
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