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Lewis v. Safelite Fulfillment Inc.

United States District Court, Ninth Circuit

July 30, 2013

DEMETRIOT K. LEWIS, individually and on behalf of others similarly situated, Plaintiff,
v.
SAFELITE FULFILLMENT INC.; and DOES 1 through 10. Defendants.

Gregory N. Karasik (SBN 115834), Karasik Law Firm, Los Angeles, California, Attorneys for Plaintiff DEMETRIOT K. LEWIS.

Brent M. Giddens, State Bar No. 133652, Kent J. Sprinkle, State Bar No. 226971, Kimberly M. Foster, State Bar No. 243216, CAROTHERS DISANTE & FREUDENBERGER LLP, San Francisco, California, Attorneys for Defendant SAFELITE FULFILLMENT, INC.

Alexander I. Dychter (SBN 234526), Dychter Law Offices, APC, San Diego, California, Attorneys for Plaintiff DEMETRIOT K. LEWIS.

Andrew C. Smith Ohio Registration No. 0008136, Robert A. Harris, Ohio Registration No. 0059549, Daniel J. Clark, Ohio Registration No. 0075125, VORYS, SATER, SEYMOUR AND PEASE LLP, Columbus, OH, Admitted Pro Hac Vice Attorneys for Defendant SAFELITE FULFILLMENT, INC.

STIPULATION RE MODIFICATION OF CLAIMS ADMINISTRATION DEADLINES AND DATE OF FINAL APPROVAL HEARING AND ORDER THEREON

CHARLES R. BREYER, District Judge.

Plaintiff Demetriot K. Lewis ("Plaintiff"), and defendant Safelite Fulfillment, Inc. ("Defendant"), by and through their counsel of record, hereby enter into the following Stipulation re Modification of Claims Administration Deadlines and Date of Final Approval Hearing. The parties respectfully request the Court enter an order in accordance herewith.

STIPULATION

1. Plaintiff initiated this action on November 14, 2011. Thereafter, the parties entered into a class action settlement agreement after arms-length negotiations. On June 7, 2013, Plaintiff filed his Motion for Preliminary Approval of Class Action Settlement.

2. On July 23, 2013, the Court held the preliminary approval hearing on the parties' class action settlement. At the hearing, the Court conditionally approved the Motion for Preliminary Approval of Class Action Settlement. Dkt. #48. In doing so, the Court extended the notice period for class members to submit their claims forms from 60 to 90 days and directed the parties to submit a date for the final approval hearing.

3. The extension of the notice period requires a corresponding extension of other deadlines in the claims administration process to which the parties had previously agreed.

4. For the foregoing reasons, the parties request that the Court modify the claims administration deadlines pursuant to the class action settlement agreement as follows:

ORDER

Good cause having been shown, and pursuant to the Stipulation of the parties, it is hereby ordered that the claims administration deadlines previously agreed to by the parties in their class action settlement agreement are modified and the date for the final fairness and approval hearing is set as follows:

Deadline for mailing notices to class members: August 16, 2013 Deadline for class members to submit claims forms to the claims administrator: November 14, 2013 Deadline for claims administrator to provide final claims information to the parties: November 18, 2013 Deadline for Defendant to revoke the settlement: November 22, 2013 Deadline for filing motion for final approval of class action settlement: November 29, 2013 Final approval hearing: December 13, 2013

IT IS SO ORDERED.


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