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Vernon Michael Lambson v. the Ritz-Carlton Hotel Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


December 13, 2012

VERNON MICHAEL LAMBSON AND DINORA MARTINEZ, AS AN INDIVIDUAL AND ON BEHALF OF OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
THE RITZ-CARLTON HOTEL COMPANY, LLC, A
DELAWARE CORPORATION;, AND DOES 1 THROUGH 100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Hon. Charles R. Breyer Judge, United States District Court

NOTICEOFSETTLEMENTINPRINCIPLE ANDJOINTSTIPULATIONAND [PROPOSED]ORDERTOCONTINUETHE CASEMANAGEMENTCONFERENCEAND VACATEDATES Date: December 14, 2012 Time: 8:30 a.m. Judge: Hon. Charles R. Breyer Place: Courtroom 6 -17th Floor

STIPULATION

Plaintiffs Vernon Michael Lambson and Dinora Martinez ("Plaintiffs") and Defendant The Ritz-Carlton Hotel Company, LLC ("Defendant") (collectively "the Parties"), stipulate and agree 4 as follows: 5 6 private mediator David Rotman at which the Parties were not able to settle the case but continued 7 settlement discussions with Mediator Rotman's assistance; 8 9 proposal regarding a resolution in principle of litigation to be accepted by Noon December 10, 2012, 10 which was extended to December 12, 2012 at 3:00 p.m.; 11 12 proposal and reached a settlement of this matter in principle based on the same, subject to the Parties' 13 drafting of a long form Settlement Stipulation that shall be submitted to this Court for approval; 14

WHEREAS, on September 11, 2012 the Parties had a full day mediation session with WHEREAS, on December 5, 2012, Mediator Rotman made a second mediator's WHEREAS, on December 12, 2012, the Parties both accepted the second mediator's WHEREAS, this case is currently scheduled for a Case Management Conference on December 14, 2012 at 8:30 a.m.; 16

17 WHEREAS, the Court previously set Plaintiffs' hearing for their Motion for Class Certification on May 3, 2013 at 10:00 a.m. [Doc. No. 32]; 18 19 efficiency to vacate the Case Managmeent Conference and the hearing on Plaintiffs' Motion for Class 20 Certification in light of the resolution in principle of this case; and 21 22 of Class Action Settlement shall be filed on or before February 1, 2013, and shall be set for hearing in 23 accord with the Local Rules and based upon the availability of the Court; 24

WHEREAS, the Parties believe it would conserve judicial resources and promote WHEREAS, the Parties have agreed that Plaintiffs' Motion for Preliminary Approval

IT IS HEREBY STIPULATED, by the Parties that the Case Management Conference 2 and the hearing on Plaintiffs' Motion for Class Certification shall be vacated. Plaintiffs' Motion for 3 Preliminary Approval of Class Action Settlement shall be filed on or before February 1, 2013 and the 4 hearing for said Motion shall be in accord with the Local Rules and based upon the availability of the 5 Court. 6 7

DATED: December 12, 2012 LAW OFFICES OF PETER M. HART 8 By: /s/ Amber S. Healy______________ Peter M. Hart 9 Amber S. Healy Attorney for Plaintiffs 10 11 12 DATED: December 12, 2012 O'MELVENY & MYERS, LLP 13 14 By: /s/ Adam P. KohSweeney_____________ Adam P. KohSweeney Attorneys for Defendant THE RITZ-CARLTON HOTEL COMPANY, LLC

[PROPOSED] ORDER

The parties having so stipulated, and GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that: 5

The Case Management Conference set for December 14, 2012, at 8:30 a.m. is hereby 6 vacated; and 7

The hearing on Plaintiffs' Motion for Class Certification set for May 3, 2013, at 10:00 8 a.m. is hereby vacated. 9

Plaintiffs' Motion for Preliminary Approval of Class Action Settlement shall be filed 10 on or before February 1, 2013 and the hearing for said Motion shall be in accord with the Local Rules 11 and based upon the availability of the Court. 12

IT IS SO ORDERED

20121213

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