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Provine v. Office Depot, Inc.

United States District Court, Ninth Circuit

June 17, 2013

HOWARD DAVID PROVINE, individually and on behalf of other persons similarly situated, Plaintiff,
v.
OFFICE DEPOT, INC. and DOES 1 through 10, Defendants.

Gregory N. Karasik, (SBN 115834), Karasik Law Firm, Los Angeles, CA, Ira Spiro, (SBN 67641), Spiro Moore LLP, Los Angeles, California, Alexander I. Dychter, (SBN 234526), Dychter Law Offices, APC, San Diego, California, Attorneys for Plaintiff, HOWARD DAVID PROVINE.

MORGAN, LEWIS & BOCKIUS, Jennifer L. Bradford, Attorneys for Defendant.

STIPULATION RE AMENDED CLASS NOTICE AND AMENDED [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT

SUSAN ILLSTON, District Judge.

Plaintiff Howard David Provine ("Plaintiff") and defendant Office Depot, Inc. ("Defendant") submit the following Stipulation re Amended Class Notice and Amended [Proposed] Order Granting Plaintiff's Motion for Preliminary Approval of Class Action Settlement as directed by the Court.

STIPULATION

1. The parties appeared before this Court on June 14, 2013 at 9:00 a.m. on Plaintiff's Motion for Preliminary Approval of Class Action Settlement.

2. The Court instructed the parties to amend the dates and pertinent information as listed in the Class Notice and [Proposed] Order Granting Preliminary Approval of Class Action Settlement to the following:

• Defendant shall provide the Settlement Administrator with the Class Data no later than June 28, 2013.
• The Settlement Administrator shall provide notice to the Class Members no later than July 12, 2013.
• Deadline for Plaintiff to file a petition for fees, costs, and enhancement award for Plaintiff: August 16, 2013.
• Deadline for members of the Settlement Class to opt out of the settlement or object to the Settlement: September 10, 2013.
• Deadline for Plaintiff to file motion for final approval: October 11, 2013.
• Final Approval and Fairness Hearing: October 25, 2013 at 9:00 a.m.

3. Attached hereto as Exhibit 1 is the revised Class Notice.

4. Attached hereto as Exhibit 2 is the revised [Proposed] Order Granting Plaintiff's Motion for Preliminary Approval of Class Action Settlement.

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

This Notice Of Proposed Class Action Settlement provides important information about a pending class action lawsuit (the "Lawsuit") against Office Depot, Inc. ("Office Depot") and your rights as a class member ...


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