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Covillo v. Specialty's Cafe and Bakery, Inc.

United States District Court, Ninth Circuit

August 26, 2013

NICOLA COVILLO and TROYREAC HENRY, individually and on behalf of all others similarly situated, Plaintiffs,
v.
SPECIALTY'S CAFÉ AND BAKERY, INC., CRAIG SAXTON and DAWN SAXTON, Defendants.

HARRIS & RUBLE, Alan Harris (State Bar No. 146079), Priya Mohan (State Bar No. 228984), Los Angeles, California Attorneys for Plaintiffs, NICOLA COVILLO, TROYREAC HENRY, and JOHN CHISHOLM.

SEYFARTH SHAW LLP, Francis J. Ortman III (State Bar No. 213202), Justin T. Curley (State Bar No. 233287), Emily E. Barker (State Bar No. 275166), San Francisco, California Attorneys for Defendants SPECIALTY'S CAFE AND BAKERY, INC., and CRAIG SAXTON

David S. Harris (State Bar No. 215224), NORTH BAY LAW GROUP Mill Valley, California James D. Rush (State Bar No. 240284), LAW OFFICES OF JAMES D. RUSH, APC, Novato, California Additional Attorneys for Plaintiffs NICOLA COVILLO, TROYREAC HENRY and JOHN CHISHOLM

STIPULATION AND [ PROPOSED] ORDER CONTINUING PLAINTIFFS' DEADLINE TO SUBMIT SUPPLEMENTAL PAPERS IN SUPPORT OF MOTION FOR PRELIMINIARY APPROVAL OF CLASS ACTION SETTLEMENT

DONNA M. RYU, Magistrate Judge.

STIPULATION

The parties hereby stipulate as follows:

WHEREAS, on July 25, 2013, Plaintiffs' Motion for Preliminary Approval of Class Action Settlement and Conditional Certification of Settlement Class ("Motion for Preliminary Approval") came on for hearing before the Honorable Magistrate Donna M. Ryu;

WHEREAS, at the hearing on the Motion for Preliminary Approval the Court requested that Plaintiffs provide supplemental information and modified Claim Forms and Notice in order for the Court and putative class members to better analyze and evaluate the proposed settlement. Additionally, the Court requested that a proposed claims administrator provide a detailed declaration of how they will calculate each class member's individual settlement amount based on the various subclasses, as well as detailed information regarding how notice will be sent to the class members;

WHEREAS, on July 25, 2013, the Court issued a Minute Order requiring Plaintiffs to file supplemental papers addressing the Court's concerns on or before August 26, 2013, and that Defendants shall file any Opposition or Statement of Non-Opposition by September 3, 2013;

WHEREAS, Plaintiffs counsel has been working to address all of the Court's concerns but needs additional time to finalize the most recently updated class information and provide it to the various claims administrators in order for them to finalize quotes for administration, as well as to provide a Claims Administrator declaration that details the information the Court has requested. Additionally, the parties are in the process of finalizing a modified Claim Form and Notice that provides the additional information requested by the Court;

WHEREAS, in order to allow the parties to finalize providing the Court with all of the requested information and modified forms, the parties request that the Court extend by one-week, Plaintiffs' deadline to file supplemental papers and Defendants' deadline to file any Opposition or Statement of Non-Opposition thereto; and

WHEREAS, in providing the additional time Plaintiffs hope and expect that the parties will be able to provide a Joint submission, and there will no need for a Defendants' Opposition or Statement of Non-Opposition.

IT IS THEREFORE STIPULATED AND AGREED that Plaintiffs shall file supplemental papers in support of the Motion For Preliminary Approval addressing the Court's comments on or before September 3, 2013. Defendants shall file an Opposition or Statement of Non-Opposition on or before September 10, 2013.

IT IS SO STIPULATED.

[PROPOSED] ORDER

IT IS HEREBY ORDERED AS FOLLOWS:

Plaintiffs shall file supplemental papers in support of the Motion for Preliminary Approval on or before September 3, 2013. Defendants shall file an Opposition or Statement of Non-Opposition on or before September 10, 2013.


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