UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
September 13, 2011
ASHLEY WILSON, AS AN INDIVIDUAL AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
KIEWIT PACIFIC CO., A CORPORATION;
The opinion of the court was delivered by: The Honorable Susan Illston Judge of the United States District Court
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING DATE FOR MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT
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 26 "Parties"), through their respective undersigned counsel, as follows:
WHEREAS, on May 17, 2011, the Parties participated in a settlement conference with the Honorable Judge James Larson; individual and class action claims at the settlement conference; Vacate Order Dismissing Case and Setting Hearing Date on Motion for Preliminary Approval, 7 and requested a hearing date on the Motion for Preliminary Approval of Class Action Settlement
WHEREAS, the Court entered an Order Vacating the Order Dismissing the Case and setting the hearing date on the Parties' Motion for August 26, 2011, at 9:00 a.m.; on Motion from August 26, 2011, at 9:00 a.m. to October 14, 2011, at 9:00 a.m. after the Parties 13 advised the Court of their efforts to gather data and finalize the Settlement Agreement; Settlement Agreement and have continued their efforts to reach an agreed-upon Settlement
Agreement and have narrowed most of the issues that were outstanding and anticipate that this 17 will be their last request for additional time to finalize the Settlement Agreement; class settlement terms, and hone the long-form class action Settlement Agreement; including a previously scheduled trial, the Parties do not anticipate that they will be able to file 22 the Motion until October 7, 2011.
through their respective undersigned counsel, that the Motion for Preliminary Approval of Class
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
WHEREAS, the Parties provisionally agreed on settlement terms for Plaintiff's
WHEREAS, on July 6, 2011, the Parties filed a Stipulation and [Proposed] Order to ("Motion") on August 26, 2011, at 9:00 a.m.;
WHEREAS, the Court upon request of the Parties the Court continued the hearing date
WHEREAS, the Parties are still in the process of drafting a long-form class action
WHEREAS, the Parties require additional time to review the class data, negotiate the
WHEREAS, the Parties have met and conferred and due to the schedules of counsel,
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and Defendant,
Action Settlement will be filed on or before October 7, 2011.
Approval of Class Action Settlement be scheduled for November 11, 2011, or as soon thereafter 2 as the Court is available. 3
IT IS SO STIPULATED.
DATED: September 9, 2011 SEYFARTH SHAW LLP By: /s/ ___________________ Francis J. Ortman III Ari Hersher Attorneys for Defendant KIEWIT PACIFIC CO. DATED: September 9, 2011 LAW OFFICES OF PETER M. HART 10 By: /s/ __ ___________________ Peter M. Hart Attorney for Plaintiff ASHLEY WILSON
The Parties having so stipulated, and GOOD CAUSE APPEARING
THEREFORE, IT IS HEREBY ORDERED that:
1. The October 14, 2011 hearing date on the Motion for Preliminary Approval of Class 5 Action Settlement is hereby vacated;
2. The hearing on the Motion for Preliminary Approval of Class Action Settlement is hereby set for November __, 2011, or ___________, 2011, at 9:00 a.m.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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