The opinion of the court was delivered by: Judge: Hon. William H. Alsup
Reed R. Kathrein (139304) Peter E. Borkon (212596) HAGENS BERMAN SOBOL SHAPIRO LLP 715 Hearst Avenue, Suite 202 Berkeley, CA 94710 Telephone: (510) 725-3000 Facsimile: (510) 725-3001 email@example.com firstname.lastname@example.org Steve W. Berman (Pro Hac Vice) Sean R. Matt (Pro Hac Vice) Erin K. Flory (Pro Hac Vice) Lisa M. Hasselman (Pro Hac Vice) Robert F. Lopez (Pro Hac Vice) HAGENS BERMAN SOBOL SHAPIRO LLP 1918 Eighth Avenue, Suite 3300 Seattle, Washington 98101 Telephone: (206) 623-7292 Facsimile: (206) 623-0594 email@example.com firstname.lastname@example.org 12 email@example.com firstname.lastname@example.org 13 email@example.com Attorneys for the California Class Representative and the California Class
THIS DOCUMENT RELATES TO: STIPULATION AND [PROPOSED] ORDER SHORTENING TIME FOR All Actions THE HEARING ON PLAINTIFFS' MOTION REGARDING 694 EXCLUSIONS
Courtroom: Courtroom 9, 19th Floor
Motion asks the Court to rule on whether or not the settlement amounts should be reduced as a 4 result of the Court's May 7, 2010 Order excluding from the Federal Classes 694 YieldPlus 5 investors who did not receive individually-mailed notice of class certification because (i) their 6 mailed notices of pendency were returned to the claims administrator as undeliverable, and (ii) no 7 new mailing addresses could be found (and, therefore, no new notices were re-mailed to them).
Court is holding the final fairness hearing on March 10, 2011, the parties agree that the Motion Regarding 694 Exclusions should be heard on March 10, 2011, in conjunction with the final 12 fairness hearing. The parties further agree that Defendants shall file any opposition to the Motion 13
Pursuant to Local Rule 6, the parties respectfully submit this Stipulation and Proposed Order Shortening Time For The Hearing on Plaintiffs' Motion Regarding 694 Exclusions. The Under the normal motion schedule, if the Stipulation to Shorten time is not granted, the Motion Regarding 694 Exclusions would not be considered until March 31, 2011. Given that the Regarding 694 Exclusions on March 1, 2011, and Plaintiffs shall file any reply on March 6, 2011.
PURSUANT TO STIPULATION, IT IS SO ORDERED. 14
The hearing on Plaintiffs Motion Regarding 694 Exclusions shall be held on March 10, 2011, at 15 3:00p.m. Defendants' opposition is due on _________ and Plaintiffs' reply is due _______. March 1 March March 6.
The Honorable William Alsup United States District Judge
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