Whittenburg et al v. Kohl's Corporation

Filing 35

ORDER by Judge Charles R. Breyer staying proceedings on 30 Motion to Certify Class.(crblc2, COURT STAFF) (Filed on 8/28/2012)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California 10 11 RHONDA WHITTENBURG ET AL., 12 Plaintiffs, 13 14 15 No. C 11-2320 CRB ORDER v. KOHL’S CORPORATION ET AL., Defendants. / 16 17 Three class-action lawsuits against Kohl’s regarding its alleged practice of recording 18 zip codes during credit card transactions have been consolidated before this Court. See Case 19 Nos. 11-4427; 12-0119; 11-2320. Counsel for Plaintiffs and Defendants in Burdewick v. 20 Kohl’s Dep’t Stores, Inc., No. 11-2320, notified the Court that a settlement had been reached, 21 see dkt. 32, and Plaintiffs in that case filed a motion for preliminary approval of a class- 22 action settlement shortly thereafter. See dkt. 33. 23 Plaintiffs in the other two cases (Nos. 11-4427 and 12-0119) filed a Motion for Class 24 Certification the same day that Plaintiffs in Burdewick notified the court of the settlement. 25 See dkt. 30. As the proposed settlement in Burdewick may resolve some or all of the claims 26 in the other cases, the Court hereby STAYS all proceedings in connection with the Motion 27 for Class Certification (dkts. 30-31) until the hearing on the motion for preliminary approval 28 of the class settlement on October 5, 2012, at 10 a.m., at which all parties in these three cases 1 should appear. The hearing on the Motion for Class Certification on September 28, 2012, is 2 VACATED. 3 IT IS SO ORDERED. 4 5 6 CHARLES R. BREYER UNITED STATES DISTRICT JUDGE Dated: August 28, 2012 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\CRBALL\2011\2320\Order Staying Proceedings.wpd 2

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