UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
October 26, 2012
CHRISTINA SMITH, ET AL.,
LEVINE LEICHTMAN CAPITAL PARTNERS, INC., ET AL.,
The opinion of the court was delivered by: The Honorable Jeffrey S. White
SEYFARTH SHAW LLP Scott M. Pearson (SBN 173880) 2 firstname.lastname@example.org Joseph Escarez (SBN 266644) 3 email@example.com 2029 Century Park East, Suite 3500 4 Los Angeles, California 90067-3021 Telephone: (310) 277-7200 5 Facsimile: (310) 201-5219 6 Attorneys for Defendant LEVINE LEICHTMAN CAPITAL PARTNERS, 7 INC. and LEVINE LEICHTMAN CAPITAL PARTNERS III, L.P. 8
[additional counsel listed on signature page]
STIPULATION AND [PROPOSED] ORDER RE DESIGNATION OF CY PRES RECIPIENTS
Date: November 16, 2012
Time: 9:00 a.m. 18 Ctrm: 11, 19th Floor
Judge: Hon. Jeffrey S. White
Date Action Filed: January 4, 2010
WHEREAS, the Settlement Agreement calls for certain cy pres payments to be made to "one or more non-profit organizations jointly selected by the Settling Parties and approved by the 3 Court"; 4
WHEREAS, after good-faith negotiations, the parties have been unable to agree on which 5 non-profit organizations they should recommend to the Court to receive the cy pres payments; 6 and 7
WHEREAS, the parties have agreed to submit competing proposals to the Court, which 8 shall determine which non-profit organizations should receive the cy pres payment under the 9 settlement. 10
IT IS HEREBY STIPULATED, by and between the Parties, through their respective 11 counsel of record, as follows: 12
1. The Parties hereby agree that the Court may select the recipients of cy pres 13 payments under the settlement based on competing proposals from the parties; 14
2. The parties shall submit their proposals to the Court no later than October 26, 2012, with such proposals to be no longer than 10 pages in length, exclusive of exhibits; 16
3. Settlement Class Members may file responses to the proposals on or before 15 November 5, 2012, with such responses not to exceed ten pages in length. 18
I attest that concurrence in the filing of the document has been obtained from each of the other Signatories, which shall serve in lieu of their signatures on the document.
IT IS SO STIPULATED.
The parties shall provide notice to Class Members by no later than October 29, 2012. By no later
PURSUANT TO STIPULATION, IT IS SO ORDERED
than October 30, 2012, the parties shall file a document in which they describe how such notice was provided. Pursuant to the stipulation as modified, IT IS SO ORDERED.
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