Horton et al v. County of Sacramento
Filing
49
STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr. on 6/3/2011 ORDERING #48 that Defendant County of Sacramento has up to and including 7/2/2011 within which to complete the payments under the terms of the Settlement. #47 (Reader, L)
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DAVID P. MASTAGNI, ESQ. (SBN 57721)
DAVID E. MASTAGNI, ESQ. (SBN 204244)
JAMES B. CARR (SBN 53724)
JEFFREY R.A. EDWARDS (SBN 265597)
MASTAGNI, HOLSTEDT, AMICK,
MILLER, JOHNSEN & UHRHAMMER
A Professional Corporation
1912 “I” Street
Sacramento, California 95811
Telephone: (916) 446-4692
Facsimile: (916) 447-4614
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Attorneys for Plaintiffs
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IN THE UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JEFFREY HORTON et al., acting for )
themselves and others similarly situated,
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Plaintiffs
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v.
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COUNTY OF SACRAMENTO
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Defendant.
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CASE NO.: 2:09-CV-00806-FCD-DAD
STIPULATION TO MODIFY DEADLINE
TO COMPLETE PAYMENTS; ORDER
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Plaintiffs JEFFREY HORTON, et al. (hereinafter collectively “Plaintiffs”) and Defendant
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County of Sacramento (“Defendant”) through their respective counsel, respectfully submit the
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following stipulation and request to Modify the Settlement (Docket No. 46-1) and Order (Docket No.
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47) thereon:
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1.
The parties resolved a collective action under 29 U.S.C. sections 216 in which plaintiffs,
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employee-members of the Sacramento County Probation Department alleged violation of the Fair Labor
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Standards Act, 29 U.S.C. Section 201 et seq. arising from purported failure to include remunerations
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in payment of overtime. The terms of the resolution are set forth in the Executed Settlement Agreement
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(Docket No, 46- 1). Therein, the parties agreed that payment of the Settlement Amounts listed on each
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plaintiff’s signature and acknowledgment page, as well as to counsel for Plaintiffs shall occur within
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forty-five (45) calendar days of the Court’s approval of this Agreement and order of dismissal in the
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Action. (Paragraph 2(d), Docket No. 46-1).
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2.
In its order dated April 19, 2011, the Court approved the Settlement and reserved
jurisdiction over the action for the purposes of enforcing the Settlement Agreement. (Docket No. 47).
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Due to unforseen circumstances, the payment schedule as provided in the terms of the
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Settlement requires extension by thirty (30) days. Accordingly, the parties hereby agree and stipulate
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good cause exists to allow Defendant up to and including July 2, 2011 within which to complete the
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payments under the Settlement.
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4.
Accordingly, to the extent as may be required, the parties hereby submit the Settlement
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at Paragraph 2(d) be modified to allow Defendant up to and including July 2, 2011 within which to
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complete the payments under the terms of the Settlement.
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Respectfully Submitted,
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Dated: June 3, 2011
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MASTAGNI, HOLSTEDT, AMICK
MILLER, JOHNSEN & UHRHAMMER
By:
/s/ Jeffrey R.A. Edwards
David E. Mastagni
James B. Carr
Jeffrey R.A. Edwards
Attorney for Plaintiffs
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Dated: June 3, 2011
PORTER SCOTT, PC
By:
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/s/ John R. Whitefleet
John R. Whitefleet
Attorney for Defendant
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ORDER
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Good cause appearing, it is hereby ORDERED that Defendant County of Sacramento has up
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to and including July 2, 2011 within which to complete the payments under the terms of the Settlement.
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Dated: June 3, 2011
_______________________________________
FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE
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