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Juvenal Robles and Abel Figueroa v. Pending Class Action Settlement

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 18, 2012

JUVENAL ROBLES AND ABEL FIGUEROA,
INDIVIDUALLY AND ON BEHALF OF A CLASS OF SIMILARLY SITUATED INDIVIDUALS,
PLAINTIFFS,
v.
PENDING CLASS ACTION SETTLEMENT ; DIRECTIONS LUCKY BRAND DUNGAREES, INC., A TO PARTIES DELAWARE CORPORATION, KIRSHENBAUM BOND SENECAL & PARTNERS LLC F/K/A
KIRSHENBAUM BOND & PARTNERS THE HONORABLE MAXINE M. CHESNEY LLC, A DELAWARE LIMITED LIABILITY COMPANY, D/B/A LIME PUBLIC RELATIONS PROMOTION, AND KIRSHENBAUM BOND & PARTNERS WEST LLC, A DELAWARE LIMITED LIABILITY COMPANY,
DEFENDANTS. KIRSHENBAUM BOND SENECAL & PARTNERS LLC F/K/A KIRSHENBAUM BOND & PARTNERS LLC, A DELAWARE LIMITED LIABILITY COMPANY, D/B/A LIME PUBLIC RELATIONS PROMOTION, AND KIRSHENBAUM BOND & PARTNERS WEST LLC, A DELAWARE LIMITED LIABILITY COMPANY,
THIRD-PARTY PLAINTIFFS.
v.
MERKLE INC., A MARYLAND CORPORATION,
THIRD-PARTY DEFENDANT AND FOURTH-PARTY PLAINTIFF.
v.
RGAR HOLDINGS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FORMERLY KNOWN AS TAKE 5 SOLUTIONS, LLC., A FLORIDA LIMITED LIABILITY COMPANY.
FOURTH-PARTY DEFENDANTS.

The opinion of the court was delivered by: The Honorable Maxine M. Chesney United States District Judge

JOINT REPORT ON STATUS OF SETTLEMENT; STIPULATION AND [PROPOSED] ORDER CONTINUING STAY OF LITIGATION

JOINT REPORT AND [PROPOSED] ORDER CONTINUING STAY OF LITIGATION NO. 10-cv-04846 MMC

Dungarees, Inc. ("Lucky"), Defendants Kirshenbaum Bond Senecal& Partners LLC, f/k/a 3 Bond & Partners West LLC (together, "Lime"), Third-Party Defendant Merkle Inc. ("Merkle"), and 5 Fourth-Party Defendant RGAR Holdings, LLC f/k/a Take 5 Solutions, LLC ("Take 5")(collectively, 6 the "Parties"), by and through their counsel, submit the following Joint Statement on the Status of Settlement, and Stipulation to Continue the Stay of Proceedings for an additional thirty-five (35) 8 days: 9 10 reached an agreement as to the material terms of a class action settlement and requested that the 11 Plaintiffs Juvenal Robles and Abel Figueroa (together, "Plaintiffs"), Defendant Lucky Brand Kirshenbaum Bond & Partners LLC, d/b/a Lime Public Relations Promotion and Kirshenbaum 4 1. On May 25, 2012, the Parties submitted a Joint Stipulation announcing that they had Court stay all pending motion and discovery deadlines. (Dkt. 85.) On May 30, 2012, the Court 12 granted the Stipulation and further instructed the Parties to file a Joint Stipulation on the status of 13 the settlement or a motion for preliminary approval on or before July 13, 2012. (Dkt. 86.) 14 15 only after engaging in two settlement conferences with Magistrate Judge Howard Lloyd and a one-16 day private mediation with the late Judge Politan. After Judge Politan unexpectedly passed away 17 with his mediator's proposal pending (which were not ultimately accepted in full by all the Parties)the Parties engaged in settlement discussions amongst themselves and were able to reach an 19 agreement as to all material terms of a class action settlement of this matter.

21 action settlement agreement as well as draft notices announcing the proposed settlement and 22 advising proposed members of the class of their rights. Counsel for each of the Defendants, as well 23 as insurers, and representatives of the Defendants have reviewed and made edits to the initial draft.

25 issues that have arisen with the multiple rounds of edits that have occurred. For instance, Take 5 26 was not an original party to the agreement, but further negotiations have resulted in their inclusion. 7

28 have solicited proposals from four professional class action administrators for settlement JOINT REPORT AND [PROPOSED] ORDER 1 CONTINUING STAY OF LITIGATION NO. 10-cv-04846 MMC 2. As was previously reported to the Court, the Parties were able to reach agreement 3. After reaching the agreement, Plaintiffs' counsel prepared and circulated a draft class 4. Given the complexity of the agreement, the Parties are still working through certain 5. In addition to preparing and finalizing the required settlement documents, the Parties administration as well as a notice plan that provides the best notice practicable under the 2 circumstances in satisfaction of Rule 23 and Due Process. The Parties are still in the process of 3 vetting the various proposals-and revisions thereof-but anticipate selecting a settlement 4 administrator in seven (7) days. 5

6. The Parties have been diligently working to finalize the papers setting forth the 6 settlement of this class action and they are substantially completed. The Parties anticipate that the 7 settlement papers will be executed, and that Plaintiffswill move for preliminary approval of the 8 class action settlement if given an additional thirty-five (35) days. 9 7. The Parties therefore stipulate to staying all pending motion and discovery deadlines 10 in this case to allow them time to finish memorializing the settlement terms and finalizing the notice 11 plan.

IT IS SO JOINTLY REPORTED AND STIPULATED.

Dated: July 13, 2012 16 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 17 By /s/ Brian R. Blackman 18 CRAIG CARDON BRIAN R. BLACKMAN Attorneys for 19 20 Defendant LUCKY BRAND DUNGAREES, INC. Dated: July 13, 2012 21 EDELSON MCGUIRE LLC 22 23 By /s/ Ryan D. Andrews 24 RYAN D. ANDREWS SEAN REIS 25 Attorneys for Plaintiffs JUVENAL ROBLESand ABEL FIGUEROA Dated: July 13, 2012 2 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 3 By /s/ David Sheiffer 4 DAVID SHEIFFER SARA J. SAVAGE Attorneys for Defendants KIRSHENBAUM BOND SENECAL & PARTNERS LLC and KIRSHENBAUM BOND & PARTNERS WEST LLC Dated: July 13, 2012 8 LATHAM & WATKINS LLP 9 10 By /s/ Peter Winik 11 PETER WINIK MATTHEW RAWLINSON 12 SARAH GRAGERT Attorneys for 13 Third-Party Defendant MERKLE, INC. 14 15 Dated: July 13, 2012 MCDERMOTT WILL & EMERY LLP 16 Attorneys for RGAR Holdings, LLC 17 18 By /s/ Peter J. Drobac 19 Daniel E. Alberti Peter J. Drobac Dated: July 13, 2012 8 EDELSON MCGUIRELLC By /s/ Ryan D. Andrews RYAN D. ANDREWS Attorneys for Plaintiffs JUVENAL ROBLESand ABEL FIGUEROA

CERTIFICATION

I, Ryan D. Andrews, am the ECF User whose identification and password are being used to 3 file this Joint Report on Status of Settlementand Stipulation And [Proposed] Order Continuing Stay 4 Pending Class Action Settlement. In compliance with General Order 45.X.B., I hereby attest that 5 the Counsel whose electronic signatures appear on this document have concurred in this filing and 6 that the same will be delivered to those registered with the Court's CM/ECF system. 7

ORDER

Having considered the Parties Joint Report on the Status of Settlement and Stipulation and 3 good cause appearing, this litigation, including amended pleading deadlines, motion deadlines, and 4 all discovery obligations, shall be stayed for a period of thirty-five (35) days from the date of this Order.

The parties are directed to file, no later than August 22, 2012, a Joint Status Report, said deadline to stand vacated without further order of the Court in the event plaintiffs have filed, on or

before August 22, 2012, a motion for preliminary approval of the settlement.

IT IS SO ORDERED.

20120718

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