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Ashley Wilson, As An Individual and On Behalf of All Others Similarly Situated v. Kiewit Pacific Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 6, 2011

ASHLEY WILSON, AS AN INDIVIDUAL AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
KIEWIT PACIFIC CO., A CORPORATION; DEFENDANT.

The opinion of the court was delivered by: The Honorable Susan Illston Judge of the United States District Court

SEYFARTH SHAW LLP Gilmore F. Diekmann, Jr. (State Bar No. 50400) gdiekmann@seyfarth.com Francis J. Ortman, III (State Bar No. 213202) fortman@seyfarth.com Ari Hersher (State Bar No. 260321) ahersher@seyfarth.com 560 Mission Street, Suite 3100 San Francisco, California 94105-2930 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 5 Attorneys for Defendant KIEWIT PACIFIC CO. LAW OFFICES OF PETER M. HART PETER M. HART (State Bar No. 198691) 8 hartpeter@msn.com KIMBERLY A. WESTMORELAND (State Bar No. 237919) 9 kwestmoreland.loph@gmail.com 12121 Wilshire Blvd, Suite 205 Los Angeles, California 90025 Telephone: (310) 478-5789 Facsimile: (509) 561-6441 Attorneys for Plaintiff ASHLEY WILSON

STIPULATION AND [PROPOSED] ORDER TO VACATE ORDER DISMISSING CASE AND SETTING HEARING DATE ON MOTION FOR PRELIMINARY APPROVAL

Pursuant to Civil Local Rules 7-12 and 16-2, it is hereby stipulated, by and between ASHLEY WILSON ("Plaintiff") and KIEWIT PACIFIC CO. ("Defendant") (collectively the 25 "Parties"), through their respective undersigned counsel, as follows:

WHEREAS, a Settlement Conference in the above-captioned class action case occurred on May 17, 2011 with Magistrate Judge James Larson; 3

WHEREAS, the Parties reached a provisional class action settlement agreement at the Settlement Conference;

WHEREAS, on May 17, 2011, Judge Larson issued a Minute Entry confirming that the case had settled at the Settlement Conference;

WHEREAS, on May 25, 2011, Judge Illston entered an Order Dismissing Case,

WHEREAS, on June 6, 2011, counsel for Plaintiff telephoned Judge Illston's clerk and confirmed that this Order Dismissing Case was entered in error;

WHEREAS, the Parties wish to have this Order Dismissing Case vacated;

WHEREAS the Parties further wish to set the hearing date for the Motion for Preliminary

Approval of Class Action Settlement for August 19, 2011, at 9:00 a.m. or as soon thereafter as 13 the Parties may be heard;

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant, through their respective undersigned counsel, that the Order Dismissing Case be vacated to allow 16 the Parties to move forward with the settlement approval process.

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant, through their respective undersigned counsel, that the hearing date on the Motion for Preliminary

Approval of Class Action Settlement be scheduled for August 19, 2011, or as soon thereafter as 20 the Parties may be heard.

IT IS SO STIPULATED.

]PROPOSED] ORDER

The Parties having so stipulated, and GOOD CAUSE APPEARING

THEREFORE, IT IS HEREBY ORDERED that:

1. The Order Dismissing Case is hereby vacated;

2. The hearing on the Motion for Preliminary Approval of Class Action Settlement is hereby set for August 19, 2011, or ___________, 2011, at 8/26/11a.m./p.m.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20110706

© 1992-2011 VersusLaw Inc.



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