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Ellis v. Costco Wholesale Corporation

United States District Court, Ninth Circuit

January 24, 2014

SHIRLEY

THE IMPACT FUND, Jocelyn D. Larkin (SBN 110817), Robert Schug (SBN 249640), Berkeley, CA,

LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C., Bill Lann Lee (SBN 108452), Lindsay Nako (SBN 239090), Oakland, CA,

LIEFF, CABRASER, HEIMANN, & BERNSTEIN, LLP, Kelly Dermody (SBN 171716), Daniel Hutchinson (SBN 239458), San Francisco, CA.

DAVIS, COWELL & BOWE, LLP, Steve Stemerman (SBN 067690), Elizabeth A. Lawrence (SBN 111781), San Francisco, CA.

ALTSHULER BERZON LLP, James M. Finberg (SBN 114850), San Francisco, CA, Additional Counsel for Defendant.

SEYFARTH SHAW LLP, David B. Ross (admitted pro hac vice) New York, New York, Attorneys for Plaintiffs and Certified Classes.

SEYFARTH SHAW LLP, Kenwood C. Youmans (SBN 68258), David D. Kadue (SBN 113578), Los Angeles, California,

SEYFARTH SHAW LLP, Gerald L. Maatman (admitted pro hac vice), Annette Tyman (admitted pro hac vice), Chicago, Illinois.

SEYFARTH SHAW LLP, Thomas J. Wybenga (admitted pro hac vice), Costco Wholesale Corporation, Issaquah, WA, Attorneys for Defendant Costco Wholesale Corporation

STIPULATION AND [PROPOSED] ORDER REGARDING (1) EXTENSION OF BRIEFING DEADLINES RE MOTION FOR ATTORNEYS' FEES AND COSTS AND (2) HEARING DATE ON MOTION FOR ATTORNEYS' FEES

EDWARD M. CHEN, District Judge.

STIPULATION

The Plaintiffs have filed a motion for preliminary approval of a class action settlement and a motion for attorneys' fees.

The Court has set a hearing date on the motion for preliminary approval for February 6, 2014.

The Court has set a hearing date on the motion for attorneys' fees for March 13, 2014, with Costco's opposition due on January 24, 2014 and Plaintiffs' reply due on February 24, 2014.

The Parties submit that the briefing schedule and the hearing on the motion for attorneys' fees should be moved for two reasons. First, the Parties have been discussing information that may lead Costco not to oppose the motion. Additional time will allow those discussions to be completed. Second, the current hearing date of March 13, 2014, will come before class members will have the full period notice period to lodge objections to the fee request, as any notice to the class will not occur until sometime after the February 6 hearing date on the motion for preliminary approval. Thus, a modest relaxation of the current briefing and hearing dates may avoid unnecessary briefing and permit for a more streamlined hearing at a time when the Court will have more information available to it.

Therefore, Counsel for Plaintiffs and the Certified Classes and Defendant Costco Wholesale Corporation stipulate as follows:

1. Costco's opposition to Plaintiffs' motion for attorneys' fees and costs, now due on January 24, 2014, will be due on January 31, 2014.
2. Plaintiffs' reply brief in support of their motion for attorneys' fees and costs, now due on February 24, 2014, will be due on March 4, 2014.
3. The hearing on the motion for attorneys' fees and costs, now set for March 13, 2014, will be set at or near the time the Court will set for its hearing on a motion for final approval of the settlement, if the Court grants preliminary approval.

IT IS SO STIPULATED.

The Court orders as follows:

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED:

1. Costco's opposition to Plaintiffs' motion for attorneys' fees and costs, now due on January 24, 2014, will be due on January 31, 2014.
2. Plaintiffs' reply brief in support of their motion for attorneys' fees and costs, now due on February 24, 2014, will be due on March 4, 2014.
3. The hearing on the motion for attorneys' fees and costs, now set for March 13, 2014, will be set at or near the time the Court will set for its hearing on a motion for final approval of the settlement, if the Court grants preliminary approval.

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