Moody v. Charming Shoppes of Delaware, Inc., No. 3:2007cv06073 - Document 107 (N.D. Cal. 2009)

Court Description: STIPULATION AND ORDER REFERRING CASE to a Magistrate Judge for preliminary approval of class action settlement and objection thereto for findings and recommendations; Signed by Judge Marilyn Hall Patel on 9/24/2009. (awb, COURT STAFF) (Filed on 9/24/2009)

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Moody v. Charming Shoppes of Delaware, Inc. Doc. 107 Case3:07-cv-06073-MHP Document106 1 2 3 4 5 6 7 8 9 10 11 12 13 Filed06/10/09 Page1 of 4 PETER M. HART, Esq. (State Bar No. 198691) LAW OFFICES OF PETER M. HART 13952 Bora Bora Way, F-320 Marina Del Rey, CA 90292 Telephone: (310) 478-5789 Facsimile: (509) 561-6441 hartpeter@msn.com ERIC HONIG (State Bar No. 140765) LAW OFFICE OF ERIC HONIG P.O. Box 10327 Marina del Rey, California 90295 Telephone: (310) 314-2603 Facsimile: (310) 314-2793 erichonig@aol.com KENNETH H. YOON (State Bar No. 198443) LAW OFFICES OF KENNETH H. YOON One Wilshire Blvd., Suite 2200 Los Angeles, CA 90017 Telephone: (213) 612-0988 Facsimile: (213) 947-1211 kyoon@yoon-law.com 16 LARRY W. LEE DIVERSITY LAW GROUP, A Professional Corporation 444 S. Flower Street, Suite 1370 Los Angeles, CA 90071 Telephone: (213) 488 – 6555 Facsimile: (213) 488 – 6554 lwlee@diversitylaw.com 17 Attorneys for Shameika Moody 14 15 18 UNITED STATES DISTRICT COURT 19 FOR THE NORTHERN DISTRICT OF CALIFORNIA 20 21 22 23 24 SHAMEIKA MOODY as an individual and on behalf all of others similarly situated, Plaintiff, vs. CHARMING SHOPPES OF DELAWARE, INC., a corporation; and DOES 1 through 50, inclusive, 25 Defendants. Case No.: C 07-06073 MHP STIPULATION TO REFER PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND OBJECTION THERETO TO MAGISTRATE JUDGE FOR FINDINGS AND RECOMMENDATION [28 U.S.C. 636(b)(1)(B); Civil Local Rules 7-12, 72-1] 26 27 28 –1– DB2/21146280.1 STIPULATION TO REFER MOTION TO MAGISTRATE JUDGE C 07-06073 MHP Dockets.Justia.com Case3:07-cv-06073-MHP Document106 1 Filed06/10/09 Page2 of 4 WHEREFORE, Plaintiff Shameika Moody (“Plaintiff”) and Defendants Charming Shoppes of 2 Delaware, Inc. and Lane Bryant, Inc. (“Defendants”) (together as the “Parties”), by and through their 3 respective counsel of record, hereby stipulate and agree as follows: 4 On October 6, 2008, Plaintiff filed a motion for preliminary approval of the Stipulation and 5 Agreement to Settle Class Action and Limited Release (“Settlement” or “Agreement”), reached by 6 Plaintiff and Defendants, which was originally set for hearing before this Court an November 17, 7 2008. Defendant did not oppose the motion. 8 On November 10, 2008, putative class member Stephanie Priddy (“Priddy”) filed an objection 9 and opposition to the settlement claiming, among other things, that the settlement was unfair. In 10 response, Plaintiff and Defendants each filed their respective responses/oppositions to Priddy’s 11 objection. 12 On December 2, 2008, the Court held an initial hearing on Plaintiff’s motion. The Court 13 ordered that the Parties provide Priddy with data and information pertaining to the settlement and that 14 the Parties and Priddy submit further briefing on their respective positions prior to the continued 15 hearing date. The Court continued the hearing to January 12, 2009. 16 On January 12, 2009, the Court held a further hearing on Plaintiff’s motion. The Court did not 17 rule on Plaintiff’s motion at that time but continued the matter for further hearing on March 2, 2009. 18 The Court ordered Plaintiff’s counsel to submit a supplemental declaration attesting to the valuation of 19 the claims and the reasonableness of the settlement. At the January 12 hearing, the Court also stated 20 that if further hearing was necessary that the Court would likely refer the motion to a magistrate judge 21 for a report and recommendation. See, Transcript of 1/12/09 Hearing 24:13-16, 26:5-11. 22 On February 27, 2009, the Court issued an order stating: “The parties are notified that the 23 hearing of the motion(s) in this matter currently on calendar for March 2, 2009, is hereby VACATED, 24 and shall be re-noticed by further order of Court. Counsel shall submit in writing, not later than March 25 9, 2009, a report on outstanding issues with this action and C 08-5377 MHP Stephanie Priddy -v- Lane 26 Bryant et al.” 27 On March 9, 2009, the Parties submitted their joint status report as ordered by the Court 28 –2– DB2/21146280.1 STIPULATION TO REFER MOTION TO MAGISTRATE JUDGE C 07-06073 MHP Case3:07-cv-06073-MHP Document106 Filed06/10/09 Page3 of 4 1 describing in detail the various hearings and filings that had occurred since Plaintiff initially moved 2 for preliminary approval of the Parties’ class action settlement six (6) months earlier. 3 4 In the three (3) months since the Parties’ last filing, the Court has neither re-noticed the hearing on Plaintiff’s motion nor issued any orders with regard to Plaintiff’s motion. 5 Title 28 United States Code, Section 636(b)(1)(B) provides that: 6 “[A] judge may also designate a magistrate judge to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion excepted in subparagraph (A) … .” 1 7 8 9 In order to address and permit a more fulsome discussion of any outstanding issues and move 10 this matter closer to a ruling on Plaintiff’s motion, Plaintiff and Defendants request and stipulate that 11 the Court refer Plaintiff’s Motion for Preliminary Approval of Class Action Settlement to the 12 Honorable Elizabeth D. Laporte, United States Magistrate Judge or, in the alternative, a random 13 assignment to a United States Magistrate Judge for the purpose of (1) reviewing and analyzing the 14 Parties’ briefings on the motion to date, including Priddy’s objection and the Parties’ responses 15 thereto, (2) conducting any further hearing(s) deemed necessary, and (3) making findings of fact and 16 recommendations for the disposition of Plaintiff’s Motion for Preliminary Approval. The Parties 17 believe that referral to a magistrate judge for the above purposes will greatly assist in moving this 18 matter toward resolution. 19 IT IS SO STIPULATED. 20 21 Dated: June 9, 2009 DIVERSITY LAW GROUP 22 23 By: 24 _________Larry W. Lee_/S/_____________ Larry W. Lee Attorneys for Plaintiff Shameika Moody 25 26 27 1 One of the motions excepted in subparagraph (A) of Section 636(b)(1) is a motion “to dismiss or to permit maintenance of a class action”. Plaintiff’s present motion appears to fall within the scope of “excepted motions”, as it seeks preliminary 28 –3– DB2/21146280.1 STIPULATION TO REFER MOTION TO MAGISTRATE JUDGE C 07-06073 MHP Case3:07-cv-06073-MHP Document106 Filed06/10/09 Page4 of 4 1 2 Dated: June 9, 2009 MORGAN, LEWIS & BOCKIUS, LLP 3 4 By: 5 6 _________Eric Meckley /S/______________ Eric Meckley Attorneys for Defendants Lane Bryant, Inc. and Charming Shoppes, Inc. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 approval of a class action settlement. DB2/21146280.1 –4– STIPULATION TO REFER MOTION TO MAGISTRATE JUDGE C 07-06073 MHP Case3:07-cv-06073-MHP Document106-1 1 2 3 4 5 6 7 8 9 10 11 12 13 Filed06/10/09 Page1 of 2 PETER M. HART, Esq. (State Bar No. 198691) LAW OFFICES OF PETER M. HART 13952 Bora Bora Way, F-320 Marina Del Rey, CA 90292 Telephone: (310) 478-5789 Facsimile: (509) 561-6441 hartpeter@msn.com ERIC HONIG (State Bar No. 140765) LAW OFFICE OF ERIC HONIG P.O. Box 10327 Marina del Rey, California 90295 Telephone: (310) 314-2603 Facsimile: (310) 314-2793 erichonig@aol.com KENNETH H. YOON (State Bar No. 198443) LAW OFFICES OF KENNETH H. YOON One Wilshire Blvd., Suite 2200 Los Angeles, CA 90017 Telephone: (213) 612-0988 Facsimile: (213) 947-1211 kyoon@yoon-law.com 16 LARRY W. LEE DIVERSITY LAW GROUP, A Professional Corporation 444 S. Flower Street, Suite 1370 Los Angeles, CA 90071 Telephone: (213) 488 – 6555 Facsimile: (213) 488 – 6554 lwlee@diversitylaw.com 17 Attorneys for Shameika Moody 14 15 18 UNITED STATES DISTRICT COURT 19 FOR THE NORTHERN DISTRICT OF CALIFORNIA 20 21 22 23 24 SHAMEIKA MOODY as an individual and on behalf all of others similarly situated, Plaintiff, vs. CHARMING SHOPPES OF DELAWARE, INC., a corporation; and DOES 1 through 50, inclusive, 25 Defendants. Case No.: C 07-06073 MHP [PROPOSED] ORDER TO REFER PLAINTIFF’S MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND OBJECTION THERETO TO MAGISTRATE JUDGE FOR FINDINGS AND RECOMMENDATION [28 U.S.C. 636(b)(1)(B); Civil Local Rules 7-12, 72-1] 26 27 28 –1– DB2/21146280.1 [PROPOSED] ORDER TO REFER MOTION TO MAGISTRATE JUDGE C 07-06073 MHP Case3:07-cv-06073-MHP Document106-1 1 Filed06/10/09 Page2 of 2 ORDER 2 3 4 5 6 PURSUANT TO STIPULATION, IT IS SO ORDERED. The parties having so stipulated, and GOOD CAUSE APPEARING THEREFORE, it is hereby ordered that Plaintiff’s Motion for Preliminary Approval of Class Action Settlement be referred to the Honorable ____________________________________________________, United States Magistrate 7 Judge, for the purpose of (1) reviewing and analyzing the Parties’ briefings on the motion to date, 8 including Priddy’s objection and the Parties’ responses thereto, (2) conducting any further hearing(s) 9 deemed necessary, and (3) making findings of fact and recommendations for the disposition of Plaintiff’s Motion for Preliminary Approval. S RT 15 ER l H. Pate H 16 17 R NIA arilyn Judge M NO 14 FO 13 ______________________________ DE H. D The Honorable Marilyn REPatel SO OR IT IS United States District Judge LI 9/24/2009 Date: _________________ A 12 RT U O 11 S DISTRICT TE C TA UNIT ED 10 N D IS T IC T R OF C 18 19 20 21 22 23 24 25 26 27 28 –2– DB2/21146280.1 [PROPOSED] ORDER TO REFER MOTION TO MAGISTRATE JUDGE C 07-06073 MHP

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