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Spiro Moss Llp v. Comcast Corp. and Does 1-50

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 6, 2011

SPIRO MOSS LLP SHAWN BLOUIN, INDIVIDUALLY AND ON BEHALF OF OTHER PERSONS SIMILARLY SITUATED,
PLAINTIFF,
v.
COMCAST CORP. AND DOES 1-50, LOCATION: COURTROOM B
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Maria-Elena James

PLAINTIFF'S STATUS REPORT AND ORDER THEREON

Complaint filed: September 17, 2008

Action removed: October 15, 2008

PLAINTIFF'S STATUS REPORT

mail from Chris Nathan, Law Clerk to the Honorable Maria-Elena James.

parties' progress towards obtaining preliminary approval of their class action settlement. (This report could not be joint because what we understand to be defense counsel's vacation schedule.)

parties came to agreement on all material settlement terms in June 2010. The formal settlement agreement, entitled Joint Stipulation of Class Action Settlement and Release, was negotiated at great, great length, and Plaintiff has signed it.

Stipulation.

Motion for Preliminary Approval of Class Action Settlement. However, at Preliminary Approval cannot be filed until a First Amended Complaint has been filed. The parties have agreed on a First Amended Complaint. However,a First Amended Complaint cannot be filed without a stipulation and order that it may be filed. A stipulation has been written.

C. In the interests of the class, Plaintiff wishes to eliminate further delay in finalizing this settlement. Upon receiving Defendant's signature on the stipulation to file the First Amended Complaint, Plaintiff will promptly file (i) the signed stipulation with the First Amended Complaint attached, and (ii) his Motion for Preliminary Approval, with the Joint Stipulation of Class

D. Thus, Plaintiff recommends that the Court order as follows:

PLAINTIFF'S STATUS REPORT

Plaintiff submits this Status Report pursuant to the December 3, 2010 e-As directed in the email, this report is to update the Court regarding the

A. This is a wage and hour class action. As a result of mediation, the Plaintiff awaits receipt of Defendant's signature on that Joint

Spiro Moss llp

B. Since November 2010, Plaintiff has been prepared to file hisDefendant's insistence, the Joint Stipulation provides that the Motion for Plaintiff awaits Defendant's signature on the stipulation.

Action Settlement and Release attached.

1. That Defendant sign the Stipulation to file First AmendedComplaint and transmit the signed stipulation to counsel for Plaintiff by email, all by January 7, 2011.

2. That Defendant sign the Joint Stipulation of Class Action Settlement and transmit the signed stipulation to counsel for Plaintiff by email, all by January 7, 2011

Respectfully submitted, SPIRO MOSS LLP

Dated: December 23, 2010

By Ira Spiro Attorneys for Plaintiffs

Defendant shall comply with the deadlines above, as altered. If unable to comply with the deadlines, the parties shall file a joint statement by January 25, 2011.

Dated: January 6, 2011

E DISTSTRI ACT STCDUERTTI Spiro Moss llp

NUAI

James N N R O Judge Maria-Elena O RTIFHLE A RFCN DISRCTOT I

PLAINTIFF'S STATUS REPORT

20110106

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